Wednesday, October 31, 2012
Ind. Decisions - Supreme Court posts one this afternoon
In Stephen W. Robertson, Indiana Comm. of Insurance, as Admin. of Indiana Patient's Compensation Fund and The Indiana Patient's Compensation Fund v. B.O., A Minor, Lisa A. Ort and Kevin C. Ort, an 11-page, 4-0 opinion, Justice Massa writes:
In defending against a petition to recover excess damages arising from a medical malpractice action, may the Indiana Patient’s Compensation Fund—after the healthcare provider settles with the plaintiff and admits liability—present evidence to dispute the existence or cause of the plaintiff’s injury? In some types of cases, we have previously said yes. In the type of case before us today, however, we say no. * * *
Because Indiana Code § 34-18-15-3(5) precludes the PCF from disputing the existence or cause of B.O.’s claimed injury, the trial court’s grant of partial summary judgment is affirmed.
Posted by Marcia Oddi on October 31, 2012 03:03 PM
Posted to Ind. Sup.Ct. Decisions