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. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

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  4. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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