Alleged negligence by a medical provider in selecting a certain drug from a particular supplier are claims subject to the Medical Malpractice Act.
Civil
Price v. Ind. Dept. of Child Services, No. 49A05-1602-PL-380, __N.E.3d__ (Ind. Ct. App., Oct. 25, 2016).
Plaintiff has no private case of action under Ind. Code. § 31-25-2-5 to enforce the maximum caseload standard against the Department of Child Services, but can proceed with her mandate action.
Goodwin v. Yeakle’s Sports Bar & Grill, No. 27S02-1510-CT-627, __N.E.3d__ (Ind., Oct. 26, 2016).
“In a negligence action, whether a duty exists is a question of law for the court to decide. And in those instances where foreseeability is an element of duty, this necessarily means the court must determine the question of foreseeability as a matter of law. “
Patchett v. Lee, Inc., No. 49S02-1610-PL-532, __ N.E.3d __ (Ind., Oct. 21, 2016).
“[T]he rationale of Stanley v. Walker applies equally to reimbursements by government payers… The reduced amount is thus a probative, relevant measure of the reasonable value of the plaintiff’s medical care that the factfinder should consider.”
Davis v. Phelps, No. 03A01-1604-PL-928, __ N.E.3d __ (Ind. Ct. App., Oct. 17, 2016).
At the least, the trial court must give an inmate forty-five days to pay the partial filing fee.