Toth v. Lenk

Concurring Opinion

Hoffman, J.

This appeal arises from an entry of summary judgment in favor of defendant-appellee George G. Lenk, M.D. (Dr. Lenk). Plaintiff-appellant Frank Toth (Toth) brought an action against Dr. Lenk seeking to recover damages resulting from alleged medical malpractice by Dr. Lenk.

On appeal, Toth asserts that the trial court erred in failing to hold that the statute of limitations for medical malpractice actions, IC 1971, 34-4-19-1 (Burns Code Ed.), runs from the date of discovery of the malpractice, and in granting summary judgment in favor of Dr. Lenk where a material…