Patient failed to timely file medical malpractice action

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Wendy Byers, M.D., brings this interlocutory appeal from the trial court‟s order on summary judgment denying her motion for a preliminary determination of law against the claims of Linda Jean Quillen. Byers raises a single issue for our review, namely, whether Quillen timely filed her medical malpractice action against Byers.

Conclusion (slip op. at 8):  We conclude that there is no genuine issue of material fact, that the last possible date on which Byers could have rendered a diagnosis was March 29, 2004, that Quillen’s condition was not latent, and that the applicable two-year statute of limitations ran on March 29, 2006. Quillen did not file her claim against Byers until June 22, 2006. Thus, the trial court erred when it denied Byers’ request for summary judgment based upon the statute of limitations. Reversed.

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Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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