Douglas ex rel. Douglas v. Hugh A. Stallings, M.D., Inc.

870 F.2d 1242
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 13, 1989
DocketNo. 88-1564
StatusPublished
Cited by4 cases

This text of 870 F.2d 1242 (Douglas ex rel. Douglas v. Hugh A. Stallings, M.D., Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Douglas ex rel. Douglas v. Hugh A. Stallings, M.D., Inc., 870 F.2d 1242 (7th Cir. 1989).

Opinion

CUMMINGS, Circuit Judge.

This diversity action was brought by Paul and Jeannette Douglas, the parents of Jeffrey Douglas, both individually and on his behalf, against the estate and professional corporation of Hugh A. Stallings, M.D., and St. Mary’s Medical Center. Defendants were residents of Indiana at the time of Jeffrey’s birth on January 21, 1968, in Evansville, Indiana. Plaintiffs, Illinois citizens, allege that Jeffrey suffered irreversible brain damage as a result of defendants’ negligent treatment of Jeffrey and his mother during his birth. As a result of the brain damage, Jeffrey is deaf, unable to speak, and afflicted by athetoid cerebral palsy.

Defendants have raised in defense the expiration of the Indiana statute of limitations contained in the Indiana Medical Malpractice Act of 1975, Ind.Code § 16-9.5-1-1 et seq. (1976) (the Act). Plaintiffs contend that the statute of limitations contained in the Act violates the equal protection and due process clauses of the Fourteenth Amendment to the Constitution and so does not bar this suit.

The district court found that the plaintiffs’ action was time-barred by the statute of limitations and that it was constitutional under the reasoning of the Indiana Supreme Court in Johnson v. St. Vincent Hospital, Inc., 273 Ind. 374, 404 N.E.2d 585 (1980). Therefore summary judgment was entered for defendants. We affirm.

I. Description of Malpractice Statute of Limitations

Plaintiffs Paul and Jeannette, then living in Evansville, Indiana, were expecting their second child, Jeffrey, in the spring of 1967. Throughout her pregnancy and delivery of Jeffrey, Jeannette was under the treatment of defendant Hugh Stallings, M.D., formerly a citizen of Indiana. Plaintiffs allege that Dr. Stallings was negligent in failing to perform blood tests and other medical procedures available at the time of Jeffrey’s birth to determine the potential for the hemolytic disease which resulted in his irreversible brain damage. As a result of his injury, Jeffrey is permanently dependent on others for his care. Plaintiffs further assert that Dr. Stallings concealed information from Jeffrey’s parents regarding the existence of appropriate procedures which would have prevented the injury to Jeffrey, leading them to believe his injuries were unavoidable. Jeffrey’s parents claim to have been unaware of Dr. Stallings’ failure to perform these procedures until immediately prior to filing this action on March 7, 1984.

As did many other states, Indiana enacted special legislation in response to the nationwide medical malpractice crisis occurring in the 1970’s. During that period, health insurance carriers became concerned with their ability to provide coverage to health care providers in light of the unpredictability and magnitude of malpractice awards. Indiana’s malpractice legislation was structured to provide insurance carriers with an increased ability to estimate their potential liability and to ensure stable, continued coverage to health care providers in the interest of preserving affordable health care services. The Act was structured to accomplish these goals by modifying the procedural framework in the following ways: (1) limiting the amount of damages recoverable to $500,000 per injury or death (Ind.Code § 16-9.5-2-2 (1976)); (2) reducing the age of disability for minors from eighteen to six years (Ind.Code § 16-9.5-3-1 (1976)); (3) keying the commencement of the statute of limitations to the occurrence, rather than the discovery, [1244]*1244of the injury (Ind.Code § 16-9.5-3-1 (1976)); and (4) establishing a mandatory review panel to expedite and screen malpractice claims on the basis of merit as a prerequisite to proceeding in court. The Act was sustained against an exhaustive constitutional challenge in Johnson v. St. Vincent Hospital, Inc., 404 N.E.2d 585.1 In this Court, plaintiffs challenge only the validity of the statute of limitations contained in the Act.

The statute of limitations provides that any action against a health care provider covered by the Act2 based upon the health care rendered must be brought within two years from the date of the act, omission or neglect which forms the basis for suit. Ind.Code § 16-9.5-3-1 (1976).3 If the injury occurs to a minor under the age of six, the action may be commenced any time before the child’s eighth birthday. For injuries occurring before the effective date of the Act, July 1, 1975, the action may be brought within the longer of: (1) two years following the effective date of the Act or (2) for an injury occurring to a victim under the age of six years, before the child’s eighth birthday. Ind.Code § 16-9.5-1-7 (1976).

The malpractice statute of limitations applies to all persons regardless of minority or other legal disability.4 Since Jeffrey was seven years old at the effective date of the Act, the statute allowed him until July 1, 1977, to file this action. At the time plaintiffs filed this action on March 7,1984, Jeffrey was sixteen years old.

The general statute of limitations for other personal injuries also allows the injured party two years from the injury to bring the action. However, in contrast to the malpractice statute of limitations, the general personal injury statute of limitations is subject to a general tolling period based on legal disability. Section 34-1-2-5 of the Indiana Code provides that any person under a legal disability when a cause of action accrues may bring the action two years after the disability is removed. Presumably, a statute of limitations would be tolled indefinitely for persons under permanent mental impairment such as Jeffrey. His action would have been timely under this general tolling statute since this action was filed prior to his eighteenth birthday and prior to the removal of his legal disability due to mental impairment. The parties agree that, if constitutional, the medical malpractice statute, rather than the gener[1245]*1245al tolling statute, applies to bar plaintiffs’ action. See Johnson, 404 N.E.2d at 603.

Plaintiffs argue that the malpractice statute of limitations violates the equal protection clause of the Fourteenth Amendment, suggesting that minors who will never be free of their legal disability, such as Jeffrey, should be treated as a suspect class warranting strict scrutiny, or at a minimum, as a quasi-suspect class requiring heightened scrutiny. Plaintiffs additionally assert that the statute violates Jeffrey’s guarantee of due process by denying him a meaningful opportunity to adjudicate his claim.5

II. Equal Protection Attack

Plaintiffs assert that the statute of limitations contained in the Act creates an express classification based on age and legal disability due to mental impairment.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Larumbe v. Austin
District of Columbia, 2023
Moseke v. Miller and Smith, Inc.
202 F. Supp. 2d 492 (E.D. Virginia, 2002)
Cummings v. X-Ray Associates of New Mexico, P. C.
918 P.2d 1321 (New Mexico Supreme Court, 1996)
Douglas, Douglas v. Hugh Stallings
870 F.2d 1242 (Seventh Circuit, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
870 F.2d 1242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/douglas-ex-rel-douglas-v-hugh-a-stallings-md-inc-ca7-1989.