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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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