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ATTORNEYS FOR APPELLANTS Rex E. Baker Caroline A. Gilchrist Avon, Indiana

ATTORNEYS FOR APPELLEES Mary H. Watts Nana Quay-Smith Kelly R. Eskew Indianapolis, Indiana

In the

Indiana Supreme Court
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No. 29S02-0704-CV-141 SANDRA AND MARK BRINKMAN,

FILED
Jan 15 2008, 11:26 am
of the supreme court, court of appeals and tax court

CLERK

Appellants (Plaintiffs Below), v. ANNE P. BUETER, M.D., JAMES F. DUPLER, M.D., AND WOMEN'S HEALTH PARTNERSHIP, P.C., Appellees (Defendants Below).

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Appeal from the Hamilton Superior Court, No. 29D01-0410-CT-872 The Honorable Steven David, Special Judge _________________________________ On Petition to Transfer from the Indiana Court of Appeals, No. 29A02-0510-CV-980 _________________________________ January 15, 2008

Shepard, Chief Justice. Patients waited until 2000 to file their medical malpractice complaint even though all underlying events occurred in 1995. Nothing prevented them from filing a complaint within the statutory period, and the defendant medical providers are thus entitled to summary judgment under Indiana's Medical Malpractice Act.

Facts and Procedural History Sandra Brinkman learned she was pregnant in May 1994, and she was due to deliver in February 1995. Dr. Anne Bueter was her primary obstetrician, but all of the physicians at Women's Health Partnership, P.C. ("WHP") saw Mrs. Brinkman during her pregnancy.

Dr. James Dupler saw Mrs. Brinkman on January 19, 1995, at 38 weeks, and noted that her urine was positive for two plus protein, that she had increased blood pressure, and that she had gained 2.8 pounds in one week. He instructed her to come back in three days instead of a week, possibly considering a diagnosis of preeclampsia.1

Three days later, on January 22, 1995, Mrs. Brinkman was admitted to St. Vincent Hospital. She complained of severe headaches, "unlike any headache in the past," spots in front of her eyes, epigastric pain, and vomiting. (App. at 41-42.) The admitting nurse also found slight swelling in Mrs. Brinkman's hands and ankles. Dr. Dupler was on-call, and he

documented Mrs. Brinkman's increased blood pressure and trace protein, but found no swelling, no neurological signs, no photophobia, and no visual changes. He concluded she displayed "no preEclamptic signs or symptoms." (Id. at 42.)

Because Dr. Dupler could not identify the etiology of the headaches, he ordered a neurological exam by Dr. Wesley Wong, but the exam did not produce any explanation for the headaches. Dr. Wong also ruled out preeclampsia.
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Preeclampsia, a condition pregnant women are susceptible to, is marked by three important signs: hypertension (high blood pressure), edema (fluid retention), and proteinuria (protein in the urine). These tend to develop without outward signs or warnings, making early and regular prenatal care important to early detection. If symptoms have developed--headache, visual disturbances, epigastric pain--the condition may be in an advanced state. Prenatal visits should include a blood pressure measurement, evaluation of weight gain (about one pound per week is normal; more than two pounds per week or six pounds per month is reason to suspect incipient preeclampsia), urinalysis for protein, and questions about the presence of headaches, pain or visual problems. Preeclampsia, when present, develops after the twentieth week of pregnancy. Russ et. al., Attorneys Medical Advisor

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Indiana Law