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Durall v. Weinberger

Court of Appeals of Indiana

February 18, 2014

ROBERT DURALL, Appellant-Plaintiff,
v.
MARK S. WEINBERGER, M.D., MARK WEINBERGER, M.D., P.C., MERRILLVILLE CENTER FOR ADVANCED SURGERY, LLC, and NOSE AND SINUS CENTER, LLC, Appellees-Defendants

APPEAL FROM THE LAKE SUPERIOR COURT. The Honorable Calvin D. Hawkins, Judge. Cause No. 45D02-1006-CT-103.

ATTORNEYS FOR APPELLANT: DAVID J. CUTSHAW, GABRIEL A. HAWKINS, KELLEY J. JOHNSON, Indianapolis, Indiana.

ATTORNEY FOR APPELLEES: JAMES L. HOUGH, Spangler, Jennings & Dougherty, P.C., Merrillville, Indiana.

DARDEN, Senior Judge. BAKER, J., and NAJAM, J., concur.

OPINION

DARDEN, Senior Judge.

STATEMENT OF THE CASE

Robert Durall appeals the trial court's grant of partial summary judgment to Mark S. Weinberger, M.D.; Mark Weinberger, M.D., P.C.; Merrillville Center for Advanced Surgery, LLC; and Nose and Sinus Center, LLC. Concluding that this

Page 208

discretionary interlocutory appeal is untimely, we dismiss.

ISSUE

Durall raises three issues, but the dispositive question is whether this appeal is timely.[1]

FACTS AND PROCEDURAL HISTORY

In 2001 and in subsequent years, Durall sought treatment from Dr. Weinberger for sinus problems. He underwent numerous surgeries and other procedures upon Dr. Weinberger's recommendation. Durall later concluded, after Dr. Weinberger fled the country as his medical practice collapsed, that Dr. Weinberger's surgeries had failed to correct the problems and may have been unnecessary.

In 2005, Durall filed with the Indiana Department of Insurance a proposed complaint for medical malpractice against Dr. Weinberger; Dr. Weinberger's professional corporation; Merrillville Center for Advanced Surgery, LLC; and Nose and Sinus Center, LLC. The Department assembled a medical malpractice review panel, which concluded that the proposed defendants failed to meet the appropriate ...


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