Estate of O'Neal Ex Rel. Newkirk v. Bethlehem Woods Nursing & Rehabilitation Center, LLC

OPINION ON REHEARING

ROBB, Judge.

In Estate of O’Neal v. Bethlehem Woods Nursing and Rehabilitation Ctr., LLC, 878 N.E.2d 303, 314 (Ind.Ct.App.2007), we held that the Indiana Wrongful Death Act’s (the “WDA”) two-year, date-of-death statute of limitation controlled over the professional services two-year, occurrence-based statute of limitation. Applying this holding, we concluded the Estate’s wrongful death claim was timely because it was filed within two years from the date of death. See id. Bethlehem has petitioned for rehearing, contending, among other things and as it did in its initial…