Chaffin v. Nicosia
Decision Date | 14 May 1974 |
Docket Number | No. 574S95,574S95 |
Citation | 310 N.E.2d 867,261 Ind. 698 |
Parties | Ronald E. CHAFFIN, Plaintiff-Appellant, v. John B. NICOSIA, Defendant-Appellee. |
Court | Indiana Supreme Court |
Martin H. Kinney, Nick Katich, Addison, Stiles, Greenwald & Kinney, Gary, David F. McNamar, Steers, Klee, Sullivan & Lemay, Indianapolis, for plaintiff-appellant.
Richard J. Lesniak, Given, Dawson & Cappas, East Chicago, Richard L. Fairchild, Stewart, Irwin, Gilliom, Fuller & Meyer, Indianapolis, for defendant-appellee.
OPINION ON PETITION TO TRANSFER
This cause arises upon petition to transfer and presents two issues for our determination:
(1) Whether a statute allowing medical practitioners the special privilege of a two-year time period within which they may be sued is violative of Article 1, § 23 of the Constitution of Indiana;
(2) Whether the two-year statute of limitations for medical malpractice is an exception to, or in irreconcilable conflict with, a statute allowing minors to sue within two years after reaching majority.
Appellant's complaint alleged medical malpractice on the part of appellee arising from appellee's treatment of appellant's mother during her pregnancy and during appellant's birth. More specifically, the complaint alleged the following:
The instant action was filed on August 27, 1965, within two years of appellant's reaching majority, in reliance upon IC 1971, 34--1--2--5:
'Any person being under legal disabilities when the cause of action accrues may bring his action within two years after the disability is removed.'
In response, appellee moved for judgment on the pleadings, contending that appellant's action was barred by IC 1971, 34--4--19--1:
'No action of any kind for damages, whether brought in contract or tort, based upon professional services rendered or which should have been rendered, shall be brought, commenced or maintained, in any of the courts of this state against physicians, dentists, surgeons, hospital, sanitariums, or others, unless said action is filed within two years from the date of the act, omission or neglect complained of.'
The trial court sustained appellee's motion since the transaction at issue had occurred twenty-two years prior to the filing of the complaint. The Court of Appeals, Third District, affirmed. Ind.App., 297 N.E.2d 904.
Appellant urges here that the medical malpractice statute is unconstitutional on its face in that it grants special privileges and immunities to medical professionals which do not equally belong to all citizens. Article 1, § 23 of our Constitution reads as follows:
The question of classification under the above section is primarily a question for the legislature. Legislative classification becomes a judicial question only where the lines drawn appear arbitrary or manifestly unreasonable. So long as the classification is based upon substantial distinctions with reference to the subject matter, we will not substitute our judgment for that of the legislature; nor will we inquire into the legislative motives prompting such classification:
Cincinnati, etc., R. Co. v. McCullom (1915), 183 Ind. 556, 561, 109 N.E. 206, 208 (citations omitted).
The classification at issue does not appear unconstitutional per se. There exists a reasonable basis for distinguishing between those rendering medical services and those who do not. Appellant has failed in his burden of showing in what way the two-year limitation period unduly discriminates in favor of medical practitioners. The presumption is in favor of a statute's validity until rebutted by proof of its irrationality.
However, the determination that a statute is constitutionally valid on its face does not end judicial inquiry into its application to particular facts. The limitation statute before us admits of no exceptions: An action is barred unless brought within two years of the act complained of. This statute's application to a given case must not be allowed to produce an absurd result, which the legislature, as a reasonably minded body, could not have possibly intended:
'With so wholesomely logical and...
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