Alleged negligence by a medical provider in selecting a certain drug from a particular supplier are claims subject to the Medical Malpractice Act.
Appeals
Johnson v. State, No. 28A05-1602-CR-309, __ N.E.3d __ (Ind. Ct. App., Oct. 31, 2016).
rial court abused its discretion in finding that defendant’s violation warranted serving the entirety of the remaining portion of his executed sentence in the DOC due to the level of his limited functioning and financial resources, his previous successful placement on work release, the nature of the violation, and the severity of the court’s sentence.
Price v. Ind. Dept. of Child Services, No. 49A05-1602-PL-380, __N.E.3d__ (Ind. Ct. App., Oct. 25, 2016).
Plaintiff has no private case of action under Ind. Code. § 31-25-2-5 to enforce the maximum caseload standard against the Department of Child Services, but can proceed with her mandate action.
State v. Summers, No. 09A02-1604-MI-933, __N.E.3d__ (Ind. Ct. App., Oct. 19, 2016).
Applying the intent-effects test, no ex post facto violation occurred when defendant committed the underlying offense in Illinois before Indiana’s definition of sex offender had been amended to include an obligation to register as a sex offender.
State v. Timbs, No. 27A04-1511-MI-1976, __ N.E.3d __ (Ind. Ct. App., Oct. 20, 2016).
Forfeiture of a vehicle worth four times the amount of the maximum fine of the crime was excessive.