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Friday, April 07, 2017

Ind. Decisions - Supreme Court today affirms McKeen and disapproves K.D. v. Chambers, in med-mal case

In Charles McKeen, M.D. v. Billy Turner, a 2-page, 5-0, per curiam opinion, the Supreme Court concludes:

We agree with the Court of Appeals, finding its opinion consistent with Miller v. Memorial Hospital of South Bend, Inc., 679 N.E.2d 1329 (Ind. 1997). We thus grant transfer and adopt and incorporate by reference the Court of Appeals opinion. See Ind. Appellate Rule 58(A)(1). We further find K.D. v. Chambers, 951 N.E.2d 855 (Ind. Ct. App. 2011), is at odds with Miller on the issue we address today and expressly disapprove K.D.
See the ILB's April 3rd post for much more, including this quote from Norm Tabler:
The decision at issue is McKeen v. Turner, which came down in favor of the plaintiff, ruling that the 2011 Court of Appeals case, K.D. v. Chambers, “was wrongly decided and/or has been misread.” That 2011 opinion has generally been read to prevent a medical malpractice plaintiff from raising a theory of liability in court that was not raised before the Medical Review Panel proceeding, which in Indiana precedes the court case.
Here is the Oct. 4, 2016 Court of Appeals opinion in McKeen, now "adopt[ed] and incorporate[d] by reference" into today's Supreme Court opinion.

Posted by Marcia Oddi on April 7, 2017 04:18 PM
Posted to Ind. Sup.Ct. Decisions