Evidence Rule 803(4)’s hearsay exception for statements made for purposes of medical diagnosis or treatment applies only to patients’ statements, not to statements of physicians concerning diagnosis or treatment. Holds that recovery of medical expenses requires that “the treatment claimed must be necessary in the sense that it proximately resulted from the wrongful conduct,” and also holds that the “scope of liability” component of proximate cause allows recovery for “necessary” medical treatment even when the result of misdiagnosis or negligent administration.
Civil
In re Adoption of L.D., No. 49A02-0907-CV-671, __ N.E.2d. __ (Ind. Ct. App., Feb. 25, 2010)
Since paternal grandparents adopting their grandchild were adoptive rather than biological grandparents, the maternal grandparent was not eligible for visitation under the Grandparent Visitation Act.
In re Committment of J.W.B., No. 20A03-0909-CV-418, ___ N.E.2d ___ (Ind. Ct. App., Feb. 17, 2010)
Trial court lacked authority to order that a civilly committed person not be transferred “without ten (10) days written notice to the court.”
Terry v. Stephens, 54A01-0908-CV-419, ___ N.E.2d ___ (Ind. Ct. App., Feb. 17, 2010)
Children of a parent who provides love, care, and affection, but no financial or non-financial support, are not dependent children pursuant to the Wrongful Death Act.
Harris v. Harris, No. 49A04-0905-CV-256, ___ N.E.2d. ___ (Ind. Ct. App., Feb. 17, 2010)
Although the court did not have personal jurisdiction over husband, it could dissolve the marriage and change the parties’ status from married to unmarried; it could not, however, adjudicate the incidences of marriage. Trial court also erred by not complying with the Servicemembers Civil Relief Act and the Uniform Child Custody Jurisdiction and Enforcement Act in the child custody proceedings.