Thursday, November 15, 2012
Ind. Decisions - "Compensation Fund May not Dispute Liability in Med Mal Case"
The Supreme Court's Oct. 31st opinion 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 (ILB summary here) is the subject of a story by Stephanie K. Jones in the Insurance Journal. It begins:
Indiana’s high court has ruled that the state’s fund established to cover excess damages in medical malpractice cases may not dispute the existence or cause of a plaintiff’s injury in a case in which the medical providers previously settled the claim, admitting liability.
The Indiana Supreme Court acknowledged that previously in some types of cases it has allowed the Indiana Patient’s Compensation Fund (PCF) to present evidence to dispute the existence or cause of injury.
In a case on appeal from the Marion Superior Court (No. 49D14-0706-CT-23482), however, the Court disagreed with the PCF’s arguments that “the final sentence of Indiana Code Section 34-18-15-3(5), which requires the trial court to ‘consider the liability of the health care provider as admitted and established,’” is inapplicable.
That inapplicability, according to PCF, would allow it to present evidence disputing the existence or cause of the patient’s injury.
Posted by Marcia Oddi on November 15, 2012 01:34 PM
Posted to Ind. Sup.Ct. Decisions