Madlem v. Arko

I concur in the result of the majority opinion but disagree with the majority's finding that Madlem's claim was time barred. The majority states that the rule in Shideler v. Dwyer (1981), 275 Ind. 270, 417 N.E.2d 281, is that "[a] cause of action for professional negligence accrues for limitation of action purposes when liability for that negligence attaches whether or not the complainant knows or should know of the resulting damage." At 1298. This conclusion overlooks the fact that in Shide-ler, the court based its decision not to apply the discovery rule in part on the fact there was no…