fraudulent concealment may operate to toll doctrine (Indiana) · Go Syfert
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fraudulent concealment may operate to toll doctrine in Indiana

7 Indiana opinions name it 2 courts 1999–2017 0 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.

Followed or applied (6)

CaseFollowedCited
Hughes v. Glaesegreen
ind · 1995 · cited in 3 Indiana opinions naming this issue, 1999–2005
2 sentences

2005Hughes, 659 N.E.2d at 519 .

2000See id.

23
Weinberg v. Bessgreen
ind · 1999 · cited in 2 Indiana opinions naming this issue, 2000–2013
2 sentences

2013“In the medical malpractice context, the doctrine of fraudulent concealment may operate to toll the statutory period until the termination of the physician-patient relationship, or until the patient did discover, or in the exercise of reasonable diligence should have discovered, the doctor’s alleged malpractice.” Weinberg v. Bess, 717 N.E.2d 584, 590 (Ind. 1999).

2000See, e.g., Weinberg v. Bess, 717 N.E.2d 584, 590 (Ind.1999) ("In the medical malpractice context, the doctrine of fraudulent concealment may operate to toll the statutory period until the termination of the physician-patient relationship, or until the patient did discover, or in the exercise of reasonable diligence should have discovered, the doctor’s alleged malpractice.”); Martin v. Rinck, 501 N.E.2d 1086, 1089 (Ind.Ct.App.1986) (“[A] physician is under a duty to disclose material information to his patient; and failure to do so results in fraudulent concealment.”); Spoljaric v. Pangan, 466

22
Halbe v. Weinberggreen
ind · 2000 · cited in 1 Indiana opinions naming this issue, 2006–2006
1 sentence

2006Halbe v. Weinberg, 717 N.E.2d 876, 882 (Ind.1999).

11
Guy v. SCHULDTgreen
ind · 1956 · cited in 1 Indiana opinions naming this issue, 2000–2000
2 sentences

2000See, e.g., Weinberg v. Bess, 717 N.E.2d 584, 590 (Ind.1999) ("In the medical malpractice context, the doctrine of fraudulent concealment may operate to toll the statutory period until the termination of the physician-patient relationship, or until the patient did discover, or in the exercise of reasonable diligence should have discovered, the doctor’s alleged malpractice.”); Martin v. Rinck, 501 N.E.2d 1086, 1089 (Ind.Ct.App.1986) (“[A] physician is under a duty to disclose material information to his patient; and failure to do so results in fraudulent concealment.”); Spoljaric v. Pangan, 466

2000See, e.g., Weinberg v. Bess, 717 N.E.2d 584, 590 (Ind.1999) ("In the medical malpractice context, the doctrine of fraudulent concealment may operate to toll the statutory period until the termination of the physician-patient relationship, or until the patient did discover, or in the exercise of reasonable diligence should have discovered, the doctor’s alleged malpractice.”); Martin v. Rinck, 501 N.E.2d 1086, 1089 (Ind.Ct.App.1986) (“[A] physician is under a duty to disclose material information to his patient; and failure to do so results in fraudulent concealment.”); Spoljaric v. Pangan, 466

11
Martin v. Rinckgreen
indctapp · 1986 · cited in 1 Indiana opinions naming this issue, 2000–2000
1 sentence

2000See, e.g., Weinberg v. Bess, 717 N.E.2d 584, 590 (Ind.1999) ("In the medical malpractice context, the doctrine of fraudulent concealment may operate to toll the statutory period until the termination of the physician-patient relationship, or until the patient did discover, or in the exercise of reasonable diligence should have discovered, the doctor’s alleged malpractice.”); Martin v. Rinck, 501 N.E.2d 1086, 1089 (Ind.Ct.App.1986) (“[A] physician is under a duty to disclose material information to his patient; and failure to do so results in fraudulent concealment.”); Spoljaric v. Pangan, 466

11
Spoljaric v. Pangangreen
indctapp · 1984 · cited in 1 Indiana opinions naming this issue, 2000–2000
1 sentence

2000See, e.g., Weinberg v. Bess, 717 N.E.2d 584, 590 (Ind.1999) ("In the medical malpractice context, the doctrine of fraudulent concealment may operate to toll the statutory period until the termination of the physician-patient relationship, or until the patient did discover, or in the exercise of reasonable diligence should have discovered, the doctor’s alleged malpractice.”); Martin v. Rinck, 501 N.E.2d 1086, 1089 (Ind.Ct.App.1986) (“[A] physician is under a duty to disclose material information to his patient; and failure to do so results in fraudulent concealment.”); Spoljaric v. Pangan, 466

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Overton v. Grillo green
ind · 2008
2 sentences

2017If established, the burden shifts to the plaintiff to establish "an issue of fact material to a theory that avoids the defense." Id. (quoting Overton , 896 N.E.2d at 502 (quoting Boggs v. Tri-State Radiology, Inc. , 730 N.E.2d 692 , 695 (Ind. 2000) )). [20] The equitable doctrine of fraudulent concealment may operate to toll the statute of limitations in the medical malpractice context until the termination of the physician-patient relationship or until discovery of the alleged malpractice, whichever is earlier.

2017If established, the burden shifts to the plaintiff to establish "an issue of fact material to a theory that avoids the defense." Id. (quoting Overton , 896 N.E.2d at 502 (quoting Boggs v. Tri-State Radiology, Inc. , 730 N.E.2d 692 , 695 (Ind. 2000) )). [20] The equitable doctrine of fraudulent concealment may operate to toll the statute of limitations in the medical malpractice context until the termination of the physician-patient relationship or until discovery of the alleged malpractice, whichever is earlier.

12017–2017
Boggs v. Tri-State Radiology, Inc. green
ind · 2000
2 sentences

2017Boggs , 730 N.E.2d at 698 .

2017If established, the burden shifts to the plaintiff to establish "an issue of fact material to a theory that avoids the defense." Id. (quoting Overton , 896 N.E.2d at 502 (quoting Boggs v. Tri-State Radiology, Inc. , 730 N.E.2d 692 , 695 (Ind. 2000) )). [20] The equitable doctrine of fraudulent concealment may operate to toll the statute of limitations in the medical malpractice context until the termination of the physician-patient relationship or until discovery of the alleged malpractice, whichever is earlier.

12017–2017

Statutes the citing opinions construe

IN § Ind. Code § 34-18-7-1 (3)

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.

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