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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