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[APPEALS] Anonymous Physician, et al v. Rogers, 02A03-1401-CT-1
Start Date: 10/20/2014Start Time: 10:00 AM
End Date: 10/20/2014End Time: 10:40 AM
Entry Description
Richard Rogers experienced escalating allergic reactions following cystoscopy procedures performed by the Anonymous Physician and Anonymous Medical Group (the “Providers”) on March 10, 2008; July 14, 2008; and January 7, 2009. After consultation with a different doctor, Rogers discovered on March 5, 2009, that he was allergic to a disinfectant used on the surgical instruments. He filed a proposed complaint for medical malpractice with the Indiana Department of Insurance on March 4, 2011. The Providers filed a motion for preliminary determination and for summary judgment alleging that Rogers’ claim was barred by the statute of limitations. The trial court initially granted the Providers’ motion and dismissed Rogers’ proposed complaint, finding that Rogers discovered the alleged malpractice within the two year statute of limitations, there was no continuing wrong or fraudulent concealment to extend the statute of limitations, and he was therefore required to file his complaint within two years of January 7, 2009-the last occurrence of alleged malpractice. The trial court subsequently granted Rogers’ motion to correct error and vacated its earlier dismissal of his complaint upon finding that there are genuine issues of material fact as to when a reasonably diligent plaintiff would have discovered the allegedly negligent conduct.  The Providers now appeal the trial court’s denial of their motion for preliminary determination and for summary judgment.

Court of Appeals courtroom
Statehouse Room 413
200 W. Washington St.
Indianapolis, IN 46204

The scheduled panel is Judge Baker, Judge Kirsch and Judge Robb.
Contact Information:
Name: Martin DeAgostino
Phone: 317-234-4859
Entry Type:
Entry Category:
  • Oral Arguments
  • Category:
  • Government
  • Agency Name
    Courts, Indiana

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