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COA reverses trial court in malpractice case

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The Indiana Court of Appeals has sided with the commissioner of the Indiana Department of Insurance in a medical malpractice case.

In Commissioner of the Indiana Dept. of Insurance v. Tim Black, as Husband and Personal Rep. of Kay Black, Deceased, No. 64A05-1104-CT-240, the commissioner contended the trial court erred in denying his motion to dismiss for failure to state a claim. However, for the first time on appeal, Tim Black disputes the characterization of the commissioner’s motion as a motion to dismiss pursuant to Ind. Trial Rule 12(B)(6). He asserts that because additional supporting documents were attached to the motion to dismiss, the commissioner’s motion was converted into a motion for summary judgment pursuant to T.R. 56. The appellate court agreed.

Indiana’s medical review panel had unanimously concluded that Dr. Fred Harris of Porter Memorial Hospital failed to comply with the appropriate standard of care with regard to Tim Black’s wife, Kay Black. Kay Black had gone to the hospital’s emergency room in 2000, complaining of severe chest pain radiating down her left arm and nausea. An abnormal blood enzyme test indicated she might have suffered a heart attack, but when consulted by phone, Harris did not order heart monitoring or repeat enzyme testing. Hours later, Kay Black suffered a severe cardiac arrest that resulted in her needing a heart transplant.

Kay Black died in 2008 of an unrelated cause. In 2009, Tim Black, as his wife’s personal representative, filed a petition for payment of damages from the Patient Compensation Fund, asserting that Harris had agreed to make payment of his liability limit in the amount of $250,000, thereby establishing liability of the PCF under the Medical Malpractice Act.

The COA held that Black failed to provide sufficient evidence to establish an agreement with Harris and remanded on the motion for summary judgment for further proceedings.


 

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  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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