B.R., a Minor by his Guardian Teresa Todd v. IN. Dept. of Child Services, et al. - 10/24/13

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Thursday  October 24, 2013 
1:00 PM  EST

1 p.m. 55A05-1212-CT-639. Indiana University Robert H. McKinney School of Law. B.R., a minor child suffered a severe brain injury after nearly drowning while placed in respite foster care.  The foster care placement was arranged by Adult and Child Mental Health Center (“the Health Center”), which operates under a contract with the Marion County Department of Child Services.  B.R., by his court-appointed guardian, filed a complaint against the Health Center arguing that the Health Center owed and breached its duty to use reasonable care in providing and supervising foster care and services to B.R.  The Health Center filed a motion to dismiss the complaint pursuant to Trial Rule 12(B)(1) claiming lack of subject matter jurisdiction.  Specifically, the Health Center argued that it is a qualified health care provider and B.R.’s claims for his injuries are subject to the medical review panel requirement of the Indiana Medical Malpractice Act.  The trial court agreed and dismissed the complaint.  B.R., by his guardian, now appeals.

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  1. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

  2. Finally, an official that realizes that reducing the risks involved in the indulgence in illicit drug use is a great way to INCREASE the problem. What's next for these idiot 'proponents' of needle exchange programs? Give drunk drivers booze? Give grossly obese people coupons for free junk food?

  3. That comment on this e-site, which reports on every building, courtroom or even insignificant social movement by beltway sycophants as being named to honor the yet-quite-alive former chief judge, is truly laughable!

  4. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  5. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

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