Nancy McDaniel, as Personal Representative of the Estate of Fred C. McDaniell, III v. William C. Erdel, M.D., and Indiana Gastroenterology, Inc., 91 N.E.3d 617

In 2002 McDaniel was evaluated for liver transplant; clinicians told him rehabilitation and AA attendance were prerequisites and he was not placed on the list because he did not complete them.
Dr. William Erdel (gastroenterologist) treated McDaniel for cirrhosis from 2002; a 2006 ultrasound showed a suspicious hepatic lesion and Erdel recommended MRI and AFP testing.
McDaniel repeatedly refused recommended testing (MRI, biopsy) and intermittently continued drinking; his wife communicated concerns to Erdel.
By April 23, 2007 Erdel told McDaniel he was not a transplant candidate; surgical oncologist Dr. Arregui began treating presumed hepatocellular carcinoma with radiofrequency ablation starting December 2007 and later Y-90. Erdel ceased involvement in cancer treatment decisions thereafter and last saw McDaniel on December 8, 2010.
McDaniel died September 1, 2012. The Estate filed an amended complaint naming Erdel and Indiana Gastroenterology on August 4, 2014; after summary judgment for defendants was granted (Nov. 18, 2016), the Estate appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether summary judgment was improper because the malpractice claim was timely due to fraudulent concealment and/or ongoing physician-patient relationship	Estate: Erdel had a duty to disclose material information (e.g., transplant options/Milan criteria); failure to do so fraudulently concealed the claim and tolled the 2-year statute; relationship continued until Aug 22, 2012	Erdel: Claim is time-barred under the 2-year medical-malpractice statute; Estate had sufficient information by 2007–2010 to discover the claim; neither continuing wrong nor fraudulent concealment applies	Court affirmed summary judgment for defendants: claim was untimely and Estate failed to raise a material factual issue to avoid the statute-of-limitations defense

Hughley v. State, 15 N.E.3d 1000 (Ind. 2014) (standard of review for summary judgment appeals)
Mangold ex rel. Mangold v. Ind. Dep’t of Natural Res., 756 N.E.2d 970 (Ind. 2001) (review limited to materials designated to trial court)
Manley v. Sherer, 992 N.E.2d 670 (Ind. 2013) (party moving for summary judgment bears initial burden; nonmoving party must then show genuine issue)
Catt v. Bd. of Comm’rs of Knox Cnty., 779 N.E.2d 1 (Ind. 2002) (appellate court may affirm on any ground supported by trial rule 56 materials)
David v. Kleckner, 9 N.E.3d 147 (Ind. 2014) (discovery/trigger date for malpractice claim when claimant knew or should have discovered malpractice)
Overton v. Grillo, 896 N.E.2d 499 (Ind. 2008) (defendant bears burden to prove action commenced beyond statutory period)
Boggs v. Tri-State Radiology, Inc., 730 N.E.2d 692 (Ind. 2000) (fraudulent concealment may toll statute until termination of physician-patient relationship or discovery)
Garneau v. Bush, 838 N.E.2d 1134 (Ind. Ct. App. 2005) (fraudulent concealment requires concealed material information that prevented inquiry/investigation)