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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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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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