Legal Opinion

Boggs v. Tri-State Radiology, Inc.

Indiana Supreme Court

Decided June 28, 2000No. 82S04-0002-CV-115PublishedCited by 84 opinions

1Opinion of the Court

ON PETITION TO TRANSFER

BOEHM, Justice.

We hold that the Indiana Constitution is not violated by application of the Medical Malpractice Act’s two-year limitations period to bar a claim that was discovered several months before the limitations period expired and well within two years of its occurrence.

Factual and Procedural Background

In July 1991 Carolyn Boggs went to Doctor Robert H. Oswald after detecting a mass in her left breast. A mammogram was taken and Carolyn was instructed to return after one year. On July 28, 1992, a second mammogram was taken, and, based on 'a comparison with the…

2Cases cited17 opinions

  1. Johnson v. St. Vincent Hospital, Inc.Indiana Supreme Court · 1980
  2. Collins v. DayIndiana Supreme Court · 1994
  3. Martin v. RicheyIndiana Supreme Court · 1999
  4. Shell Oil Co. v. Lovold Co.Indiana Supreme Court · 1998
  5. Van Dusen v. StottsIndiana Supreme Court · 1999

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3Cited by84 opinions

  1. Kroger Co. v. PlonskiIndiana Supreme Court · 2010
  2. Mary Alice Manley, and Gary Manley v. Ryan J. Sherer, M.D., and Sherer Family Medicine, P.C.Indiana Supreme Court · 2013
  3. Ramsey v. MooreIndiana Supreme Court · 2012
  4. Parks v. Madison CountyIndiana Court of Appeals · 2002
  5. Garneau v. BushIndiana Court of Appeals · 2005

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