Class certification by the trial court is a proper preliminary determination under the Medical Malpractice Act (MMA). The MMA covers all claims for medical “malpractice” and is not limited to claims involving only bodily injury or death.
Ind. Dep’t of Ins. v. Doe, No. 23S-CT-306, __ N.E.3d __ (Ind., Dec. 23, 2024).
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
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.
Cohen v. State, No. 24A-CR-710, __ N.E.3d __ (Ind. Ct. App., Dec. 23, 2024).
Once a defendant demonstrates that they have testified pursuant to a grant of immunity to matters related to the prosecution before a grand jury, the State has the burden of showing an independent, legitimate source for the disputed evidence if the defendant/witness is the target of the same grand jury.