Indiana Patient’s Compensation Fund can challenge whether a claim falls within the Medical Malpractice Act (MMA) after a plaintiff concludes a settlement with a health care provider. A negligent-credentialing claim falls within the MMA only if the credentialed physician commits an act of medical malpractice. Claims premised on sexual assault by a physician during an authorized medical examination can fall within the MMA if the alleged misconduct stems from an inseparable part of the health care being rendered
Civil
Kelly v. State, No. 24A-CT-859, __ N.E.3d __ (Ind. Ct. App., Dec. 23, 2024).
The State is not obligated to defend and indemnify a former state agency employee for civil liability stemming from employee’s criminal conduct.
In re Adoption of R.G.B., No. 24A-CT-859, __ N.E.3d __ (Ind. Ct. App., Dec. 23, 2024).
Waiver of the home study requirement in an adoption when the adoptive parents are not a stepparent or the grandparents is reversible error.
In re Expungement of R.L., No. 24S-XP-185, __N.E.3d __ (Ind., Dec. 3, 2024).
The anti-discrimination provision in the expungement act does not displace the statutory requirement when relief must be sought through the Administrative Orders and Procedures Act.
England v. Siebe, No. 24A-CT-497, __N.E.3d __ (Ind. Ct. App., Dec. 4, 2024).
Trial court properly granted TR 21(B)(1) motion for lack of subject-matter jurisdiction when plaintiff’s claim fell under the Worker’s Compensation Act. Plaintiff was an employee of defendant’s sibling corporation and the Act defines “employer” to expressly include “a parent corporation and its subsidiaries,” which “shall each be considered joint employers” of the injured employee.