The Child Wrongful Death Statute (CWDS) does not authorize a personal representative to file a wrongful death claim for a child when a claim was never filed by the deceased parent. The legislative intent of the CWDS was to give parents the exclusive right to file a wrongful death action, except where both parents lacked custody of the child at the time of the child’s death.
Civil
Health & Hospital Corp. of Marion Cnty. v. Dial, No. 20A-CT-2382, __ N.E.3d __ (Ind. Ct. App., July 30, 2021).
A proposed complaint before the IDOI is not void ab initio because it was filed in the name of a deceased individual as administrator of the estate of a deceased alleged victim of malpractice.
A.S. v. Ind. Dept. of Child Services., No. 20A-JT-1525,__ N.E.3d __ (Ind. Ct. App., July 30, 2021).
A successor judge who did not hear the evidence can still certify the recreated record created pursuant to Ind. App. Rule 31.
Holsten v. Faur, No. 20A-CT-2072, __ N.E.3d __ (Ind. Ct. App., July 8, 2021).
If medical malpractice plaintiff’s proposed complaint for the medical review panel does not encompass a particular theory of negligence, the trial court lacks subject matter jurisdiction over that theory of negligence.
Berg v. Berg, No. 21S-DC-320, __ N.E.3d __ (Ind., June 29, 2021).
Documents produced in anticipation of mediation fall under A.D.R.’s confidentiality requirement.