Climate Change Project

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Statute of Limitations

Walters v. Rinker, 520 N.E.2d 468 (Ind. Ct. App. 1988)

What were the two legal issues on appeal?

What is the timeline for plaintiff's treatment and all the docs who saw him?

What is the malpractice?

Was there a physician-patient relationship?

If so, when did it end?

Did the treating physician's reliance on the pathologists report extend the statute of limitations for the pathologist until the treatment was stopped?

Does the doc have to see the patient?

How does the statutory definition of malpractice help the plaintiff?

What is the contract theory that Walters relies on to claim that there cannot be a physician patient relationship unless both he and the patient explicitly consent?

Who are really the contracting parties?

What type of contract is this re the patient?

When did Dr. Walters contend the physician patient relationship ended?

What was the rule on this in the Fonda case?

Why was the rule changed in 1982?

What is the rule now?

What is the result in this case?

What if defendant discovered the mistake in a routine QA review and did not tell the treating physician?

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