Summary
The Seventh Circuit certified two questions to the Indiana Supreme Court regarding the Indiana Medical Malpractice Act (MMA) and Patient's Compensation Fund. First, whether the MMA prohibits the Fund from contesting the Act's applicability after a claimant has settled with a qualified healthcare provider for the provider's maximum liability. Second, whether the MMA applies to claims by individuals who did not receive medical care from the provider but were injured as a result of the provider's negligence in treating a patient. The case arose from a wrongful death action where the plaintiff's wife and daughter were killed by a driver allegedly impaired by prescribed medications, and the plaintiff sought excess damages from the Fund after settling with the driver's healthcare providers.
Questions Presented
- Whether the Indiana Medical Malpractice Act prohibits the Patient's Compensation Fund from contesting the Act's applicability after a claimant concludes a court-approved settlement with a covered health care provider.
- Whether the Indiana Medical Malpractice Act applies to claims brought against qualified providers by individuals who did not receive medical care from the provider but who are injured as a result of the provider's negligence in treating someone else.
Disposition
other
Cases Cited (35)
- Madison Ctr., Inc. v. R.R.K., 853 N.E.2d 1286 (Ind. Ct. App. 2006)(discussed)
- Weldon v. Universal Reagents, Inc., 714 N.E.2d 1104 (Ind. Ct. App. 1999)(discussed)
- Putnam Cnty. Hosp. v. Sells, 619 N.E.2d 968 (Ind. Ct. App. 1993)(discussed)
- Wisniewski v. Bennett, 716 N.E.2d 892 (Ind. 1999)(discussed)
- Johnson v. St. Vincent Hospital, Inc., 404 N.E.2d 585 (Ind. 1980)(discussed)
- Smith v. Pancner, 679 N.E.2d 893 (Ind. 1997)(discussed)
- Murphy v. Mortell, 684 N.E.2d 1185 (Ind. Ct. App. 1997)(discussed)
- Dillon v. Callaway, 609 N.E.2d 424 (Ind. Ct. App. 1993)(discussed)
- Rimert v. Mortell, 680 N.E.2d 867 (Ind. Ct. App. 1997)(discussed)
- J.L. v. Mortell, 633 N.E.2d 300 (Ind. Ct. App. 1994)(discussed)
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