Indiana Man’s Med Mal Claim for “Continuing Wrong” Denied
The Indiana Court of Appeals denied a patient’s claim of malpractice in favor of a physician and a medical group after the patient learned his allergic reactions were caused by the disinfectant used by the doctor. The judges held the doctrine of continuing wrong does not apply in this case.
Richard Loucks Rogers sued the urologist who treated him for bladder cancer. The physician performed several cystoscopies on Rogers and disinfected the equipment with Cidex OPA. There are warnings against using this disinfectant on patients with bladder cancer. The doctor didn’t tell Rogers he was using the product, and Rogers initially didn’t suffer any ill effects from it.
But beginning in March 2008, Rogers began experiencing allergic reactions to the drug that progressively became more severe. He and the urologist did not learn that it was the Cidex OPA that was causing the reaction until March 6, 2009, two months after the doctor performed the last cystoscopy.
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