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14 Indiana opinions name it 2 courts 1999–2025 1 in the last five years
The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Martin v. Richeygreen2 sentences2025Were it otherwise, “the statute of limitations would impose an impossible condition on plaintiff’s access to Indiana Supreme Court | Case No. 23S-CT-277 | January 9, 2025 Page 18 of 34 courts and ability to pursue an otherwise valid tort claim.” Id. at 1284. 2012Martin, 711 N.E.2d at 1284 . “[I]n such a case the statute of limitations would impose an impossible condition on plaintiffs access to courts and ability to pursue an otherwise valid tort claim.” Id. | 5 | 11 |
Van Dusen v. Stottsgreen2 sentences2012If an act of malpractice and resulting injury cannot be discovered during the limitations period given the nature of the asserted malpractice and the medical condition, the occurrence-based statute of limitations cannot be enforced “without doing violence to the Indiana Constitution.” Van Dusen v. Stotts, 712 N.E.2d 491, 496 (Ind. 1999).4 When considering whether the Act’s statute of limitations may constitutionally bar a malpractice claim, a court must first “determine the date the alleged malpractice occurred and determine the discovery date—the date when the claimant discovered the alleged 2012If an act of malpractice and resulting injury cannot be discovered during the limitations period given the nature of the asserted malpractice and the medical condition, the occurrence-based statute of limitations cannot be enforced “without doing violence to the Indiana Constitution.” Van Dusen v. Stotts, 712 N.E.2d 491, 496 (Ind.1999). 4 When considering whether the Act’s statute of limitations may constitutionally bar a malpractice claim, a court must first “determine the date the alleged malpractice occurred and determine the discovery date — the date when the claimant discovered the allege | 2 | 3 |
Booth v. Wileygreen1 sentence2012If an act of malpractice and resulting injury cannot be discovered during the limitations period given the nature of the asserted malpractice and the medical condition, the occurrence-based statute of limitations cannot be enforced “without doing violence to the Indiana Constitution.” Van Dusen v. Stotts, 712 N.E.2d 491, 496 (Ind.1999). 4 When considering whether the Act’s statute of limitations may constitutionally bar a malpractice claim, a court must first “determine the date the alleged malpractice occurred and determine the discovery date — the date when the claimant discovered the allege | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McIntosh v. Melroe Co.
green
1 sentence2005The court began by comparing this case to Martin, and stated that "[ulnlike the plaintiff in Martin who had an otherwise valid tort claim but was unable to discover it within the statute of limitations, the McIn-toshes have never had a legally cognizable injury." Id. at 988 . | 1 | 2005–2005 |
State v. Rendleman
green
2 sentences2000Martin also reiterates an important point made in Rendleman that “the legislature has the authority to modify or abrogate common law rights provided that such change does not interfere with constitutional rights.” Martin, 711 N.E.2d at 1283 (citing Rendleman, 603 N.E.2d at 1336 ). 2000Martin also reiterates an important point made in Rendleman that "the legislature has the authority to modify or abrogate *985 common law rights provided that such change does not interfere with constitutional rights." Martin, 711 N.E.2d at 1283 (citing Rendleman, 603 N.E.2d at 1336 ). | 1 | 2000–2000 |
Chaffin v. Nicosia
green
2 sentences1999Even a restrained interpretation of Section 12 warrants the conclusion that an application of the two-year statute of limitations on the facts of this case violates both Section 12 and “lay concepts of justice.” Chaffin, 310 N.E.2d at 870 . 11 If Section 12 has any meaning at all, it must preclude the application of a two-year medical malpractice statute of limitations when a plaintiff has no meaningful opportunity to file an otherwise valid tort claim within the specified statutory time period because, given the nature of the asserted malpractice and the resulting injury or medical condition, 1999Even a restrained interpretation of Section 12 warrants the conclusion that an application of the two-year statute of limitations on the facts of this case violates both Section 12 and "lay concepts of justice." Chaffin, 310 N.E.2d at 870 . [11] If Section 12 has any meaning at all, it must preclude the application of a two-year medical malpractice statute of limitations when a plaintiff has no meaningful opportunity to file an otherwise valid tort claim within the specified statutory time period because, given the nature of the asserted malpractice and the resulting injury or medical conditio | 1 | 1999–1999 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.