ILNews

Malpractice complaint hobbled by ongoing foot pain

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A woman who suffered with a troubled toe for four years got her medical malpractice claim booted by the Indiana Court of Appeals for waiting too long to file the complaint.

The Indiana Court of Appeals reversed the denial of the doctor’s summary judgment motion in Anonymous Physician v. Diana Wininger and Stephen Robertson, Commissioner, Indiana Department of Insurance and Douglas J. Hill, Panel Chair, 59A04-1303-MI-103. It found the patient’s medical malpractice complaint was barred by the two-year statute of limitations.  

To relieve Diana Wininger’s pain in her right foot, the anonymous physician shortened her second toe and corrected a deformity in March 2007. However, by July, her toe was standing up at a 45 degree angle and the foot pain continued.

When Wininger sought a second opinion in April 2009, she was told her toe was too short and she should have another operation.

Wininger filed a malpractice claim in March 2011. She argues she was within the statute of limitations because she did not know something was wrong until she consulted the second doctor.

The physician contended since Wininger knew there was a problem in October 2007, she should have filed the complaint within two years of the surgery date.   

Citing Johnson v. Gupta 762 N.E.2d 1280, 1283 (Ind. Ct. App. 2002), the Court of Appeals noted a plaintiff does not need to be told malpractice has occurred to trigger the statute of limitations. Wininger continued to have pain after her surgery and knew by October 2007 she should seek another opinion.

Therefore, the COA found the statute of limitations was not tolled and Wininger’s complaint was not timely filed.
 

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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

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