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Wednesday, June 23, 2010

Ind. Decisions - One (so far) today from the Supreme Court

In Indiana Patient's Compensation Fund v. Gary Patrick, an 8-page, 5-0 opinion, Justice Sullivan writes:

A father brought a claim under the Adult Wrongful Death Statute for his son's death caused by the negligence of medical providers following an automobile accident. The father also brought a derivative claim under the Medical Malpractice Act for his own emotional distress. Because damages for emotional distress are not available under the Adult Wrongful Death Statute, a parent cannot bring a derivative claim seeking such damages under the Medical Malpractice Act.

Posted by Marcia Oddi on June 23, 2010 11:45 AM
Posted to Ind. Sup.Ct. Decisions