The test as to whether the Medical Malpractice Act applies to specific misconduct is to determine whether that misconduct arises naturally or predictably from the relationship between the health care provider and patient or from an opportunity provided by that relationship.
Appeals
River Ridge Development Authority v. Outfront Media, LLC, No. 18A-PL-2347, __ N.E.3d __ (Ind. Ct. App., July 15, 2019).
Obdurate behavior is no longer an exception to the American Rule for attorney fees
Riley v. State, No. 18A-CR-2015, __ N.E.3d __ (Ind. Ct. App., July 8, 2019).
Indiana Code 35-33-8-5 allows the court to increase bail, but only after the State requests the increase and presents evidence in support.
Rivera v. State, No. 18A-CR-2862, __ N.E.3d __ (Ind. Ct. App., June 26, 2019).
Where there are no intervening proceedings between the reading of the preliminary instructions and the jury being excused for lunch, trial courts are not required to repeat the
admonishment required by I.C. 35-27-2-4(a). Jury instructions are considered as a whole and in reference to each other when deciding whether an instructional error amounts to fundamental error.
Wilson v. State, No. 18A-PC-3041, __ N.E.3d __ (Ind. Ct. App., June 27, 2019).
A trial court must hold a hearing that complies with Miller v. Alabama, 567 U.S. 460 (2012) when the effect of a sentence imposed on a juvenile will amount to a de facto life sentence.