Mittie Burd, an Infant, Who Sues by Her Father and Next Friend, Harry Burd v. Dr. James Y. McCullough

SWAIM, Circuit Judge.

The appellant, Mittie Burd, a minor, sued the appellee, Dr. James Y. McCullough, for malpractice. The District Court sustained appellee’s motion for summary judgment on the ground that the action was begun after the applicable two year statute of limitations. This appeal is taken from that judgment.

The dispute revolves about two separate Indiana statutes. One was enacted in 1941 and established a special limitation on malpractice actions:

“No action of any kind for damages, whether brought in contract or tort, based upon professional services rendered or which should have…