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Court of Appeals reverses medical malpractice ruling

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Determining that a question exists about when the statute of limitations started running on a proposed medical malpractice complaint, the Indiana Court of Appeals has reversed a decision in a case involving the death of a woman at an Indianapolis hospital after receiving medication prior to heart surgery.

In Irmina Gradus-Pizlo, M.D. and Select Specialty Hospitals Indianapolis, Inc. v. Donald Acton, No. 49A02-1106-CT-503, the appellate court reversed a decision by Marion Superior Judge Cynthia Ayers.

Myrtle Acton became Dr. Irmina Gradus-Pizlo’s patient in February 2006, and a year later the doctor determined the woman was a candidate for surgical correction of a heart defect. The doctor put her on a medication prior to surgery and Acton ended up suffering from ventricular tachycardia before going into full cardiac arrest at Methodist Hospital’s intensive care unit. She was stabilized and taken off the original medication, but subsequently died on April 12, 2006.

On April 1, 2008, her husband, Donald, filed a medical malpractice complaint against Dr. Gradus-Pizlo and Select Specialty Hospitals, and in 2010 the defendants filed summary judgment motions alleging that Acton had failed to comply with the Medical Malpractice Act statute of limitations. The trial court denied both motions after a hearing, finding genuine issues of material fact with regard to the trigger date of the two-year statute of limitations.

The Court of Appeals disagreed with Acton that he couldn’t have learned of any malpractice until after his wife’s death April 12, 2006. The claim specifically involves the enhanced medicine regime that Gradus-Pizlo ordered in March of that year, and the discovery date about the medicine’s implications was when she had the ventricular tachycardia on March 29, 2006. Since Acton’s complaint came three days later, he’s barred by the statute of limitations.

Addressing the doctrine of continuing wrong that Acton used to sidestep the statute of limitations argument, the appellate court determined that Myrtle Acton stopped receiving the medication at issue on March 29, and so the continuation of any possible wrong ended at that time.

The court found a similar result in looking at the allegations against Select Specialty Hospitals, finding that the hospital stopped giving her the medication on March 29 and that makes the medical malpractice complaint untimely. The panel didn’t address Acton’s argument about the continuation of a prescription by a doctor not in Select Specialty Hospital’s employment being considered medical malpractice on the hospital’s part.

The appellate court reversed and granted summary judgment to Gradus-Pizlo and the hospital.

 

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  1. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  2. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  3. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

  4. Sounds like overkill to me, too. Do the feds not have enough "real" crime to keep them busy?

  5. We live in the world that has become wider in sense of business and competition. Everything went into the Web in addition to the existing physical global challenges in business. I heard that one of the latest innovations is moving to VDR - cloud-based security-protected repositories. Of course virtual data rooms comparison is required if you want to pick up the best one.

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