Indiana Supreme Court Holds Wrongful Death Claim for Medical Malpractice Subject to Professional Services Statute Must be Filed Within Two Years From the Occurrence of the Malpractice
In Newkirk v. Bethlehem Woods Nursing and Rehab. Center, LLC., the Indiana Supreme Court held that a wrongful death claim for an adult by a personal representative based on medical malpractice, which is subject to Indiana's Professional Services Statute ("PSS"), must comply with PSS's statute of limitations and be brought within (2) two years of the malpractice, not within (2) two years of the person's death.
In Newkirk, a woman was recovering from surgery at Bethlehem Woods Nursing and Rehab Center. As a result of Bethlehem's medical negligence, the woman died while at their facility. Her estate brought a action for wrongful death within two years of her death, but more than two years after the medical negligence occurred. Bethlehem filed a motion for summary judgment arguing that her estate was barred from bringing the claim as they had not brought it within two years of the alleged malpractice. The trial court agreed and granted the motion.
On appeal, the Indiana Court of Appeals reversed argreeing with the trial court that the estate's claim arose under the PSS, but finding that the claim was timely filed under the Wrongful Death Act. The Indiana Supreme Court vacated the Indiana Court of Appeals decision and affirmed the trial court's grant of summary judgment for the defendant.
See Newkirk v. Bethlehem Woods Nursing and Rehab. Center, LLC, 898 N.E.2d 299 (Ind. 2008).
