HAVENS v. RITCHEY

No. 49S04-9112-CV-985.

582 N.E.2d 792 (1991)

Clifford Dale HAVENS, Appellant (Plaintiff below), v. Donald B. RITCHEY, D.P.M. and Harry Eakin, As Commissioner of Insurance for the State of Indiana, Appellees (Defendants below).

Supreme Court of Indiana.

December 12, 1991.


Attorney(s) appearing for the Case

Michael S. Miller, Mendelson, Kennedy, Miller, Muller & Hall, Indianapolis, for appellant.

Frederick Wm. LaCava and Robert G. Zeigler, LaCava, Zeigler & Carter, Indianapolis, for appellees.


SHEPARD, Chief Justice.

In a medical malpractice action for failure to diagnose, should we recognize the doctrine of continuing wrong as a way to decide statute of limitation questions? We conclude that the idea of continuing wrong may have utility in some situations, but does not operate in this case to make the claim timely.

Plaintiff-appellant Clifford Havens first sought treatment for pain in his right foot from defendant-appellee Dr. Ritchey in July 1984...

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