ILNews

Justices vacate transfer in malpractice case, settlement reached

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The Indiana Supreme Court has dismissed an appeal of a medical malpractice complaint filed in Porter County because Tim Black and the Department of Insurance have reached a settlement.

Tim Black, as husband and personal representative of his deceased wife, Kay Black, sought payment for damages from the Patient’s Compensation Fund following the death of Kay Black in 2008. In 2000, she had gone to the emergency room of Porter Memorial Hospital with severe chest pain. Dr. Fred Harris did not order heart monitoring or repeat enzyme testing, and hours later, Kay Black suffered severe cardiac arrest that resulted in her needing a heart transplant. Her death was from an unrelated cause.

The commissioner of the Department of Insurance sought to have Tim Black’s motion dismissed. The Court of Appeals found Tim Black failed to provide sufficient evidence to establish an agreement with Harris. The Supreme Court accepted jurisdiction June 4, but ordered on Tuesday that the appeal be dismissed because Black and the Department of Insurance reached a settlement.

The case is Commissioner of the Indiana Department of Insurance v. Tim Black, as husband and personal representative of Kay Black, deceased, 64S05-1206-CT-305.

 

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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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