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OVERTON v. GRILLO

No. 64S04-0811-CV-595.

896 N.E.2d 499 (2008)

Lloyd OVERTON, Individually and as Personal Representative of the Estate of Christine Overton, Appellants (Plaintiffs below), v. Marshall GRILLO, D.O. and Radiologic Associates of Northwest Indiana, Inc., an Indiana Corporation, Appellees (Defendants below).

Supreme Court of Indiana.

November 13, 2008.

Attorney(s) appearing for the Case

Timothy S. Schafer Merrillville, IN, Attorney for Appellants.

Robert F. Parker, Merrillville, IN, Attorney for Appellees.

On Petition to Transfer from the Indiana Court of Appeals, No. 64A04-0605-CV-278

BOEHM, Justice.

We hold that a medical malpractice claim for allegedly misreading a mammogram is barred by the two-year statute of limitations when the plaintiff learned of cancer with approximately nine months remaining in the limitations period.

Facts and Procedural History

This is an appeal from a grant of summary judgment in favor of the defendant. Accordingly...

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