Summary
The United States District Court for the Northern District of Indiana grants Defendant Dr. Joseph Shinn’s motion to dismiss Fonda Jacqueline Killebrew’s medical malpractice complaint. The court holds that the complaint was filed before the Indiana Medical Malpractice Act’s required medical review panel process was completed. The dismissal is without prejudice.
Court
United States District Court for the Northern District of Indiana, Hammond Division at Lafayette
Jurisdiction
United States District Court for the Northern District of Indiana
Decision date
March 19, 2026
Docket number
4:26-CV-19-JEM
Disposition
dismissed
Questions Presented
- Whether an Indiana medical-malpractice action may be filed in court before the claim has been submitted to an Indiana medical review panel and the panel has issued an opinion.
- Whether the complaint should be dismissed without prejudice for failure to comply with the Indiana Medical Malpractice Act.
Holdings
- Under the Indiana Medical Malpractice Act, a plaintiff may not bring a medical-malpractice action in court against a health-care provider until the proposed complaint has been presented to a medical review panel and the panel has issued an opinion.
- Failure to comply with the Indiana Medical Malpractice Act's pre-suit medical-review-panel requirement warrants dismissal without prejudice.
- A complaint survives a Rule 12(b)(6) motion only if it provides the notice required by Rule 8(a) and contains sufficient factual matter to state a plausible claim for relief.
Court Document
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