If a proposed medical malpractice complaint is filed before the Indiana Department of Insurance without filing fees, it can be treated as unfiled until the fees are paid, or it can be treated as filed and a show cause order can be issued to the plaintiffs that they must pay the fee “in short order.”
Civil
F.D. v. Ind. Dept of Family Svcs., No. 82A01-1109-CT-432, ___ N.E.2d ___ (Ind. Ct. App., Aug. 30, 2012).
There is no private right of action for failure to report child abuse under Ind. Code § 31-33-18-4.
E.J. v. Okolocha, No. 45A03-1201-CT-15, ___ N.E.2d ___ (Ind. Ct. App., Aug. 13, 2012).
A doctor has no duty to release a baby’s medical records to the baby’s prospective adoptive parents without the proper authorization to release the medical records.
Jent v. Fort Wayne Police Dept., No. 02A03-1108-MI-388, ___ N.E.2d ___ (Ind. Ct. App., Aug. 15, 2012).
The “reasonable particularity” requirement under the Access to Public Records Act “enables the subpoenaed party to identify what is sought and enables the trial court to determine whether there has been sufficient compliance with the request.”
Curts v. Miller Health Systems, Inc., No. 09A02-1112-CT-1191, ___ N.E.2d ___ (Ind. Ct. App., Aug. 15, 2012).
“[N]urses can potentially have sufficient expertise to qualify as experts for the purposes of medical standards of care and medical causation.”