Sexual misconduct claims against healthcare providers are not subject to the Medical Malpractice Act, but in a case where the doctor and the patient agree as to the touching that occurred but disagree as to the purpose of the touching, application of the Medical Malpractice Act and presentation to a medical-review panel might be appropriate.
Appeals
In re Estate of Bricker, No. 23A-ES-3, __N.E.3d __ (Ind. Ct. App., June 23, 2023).
Property subject to transfer on death is not to be considered part of the decedent’s “net personal and real estate” for purposes of the Spousal Inheritance Statute.
Hessler v. State, No. 22A-CR-989, __N.E.3d __ (Ind. Ct. App., June 26, 2023).
Because the new substantive double jeopardy framework established in Wadle constituted a new rule for the conduct of criminal prosecutions, it applies retroactively to cases that were not yet final at the time our Supreme Court adopted Wadle. Because Wadle replaced the common-law double jeopardy rules, the common law rule that an offense cannot be enhanced based on the same injury that established another offense for which the defendant had already been punished, is no longer applicable.
Gierek v. Anonymous 1, No. 22A-CT-1225, __N.E.3d __ (Ind. Ct. App., June 14, 2023).
The trial court had subject matter jurisdiction to grant plaintiffs’ motions to certify a class as a preliminary determination under the Medical Malpractice Act.
Randall v. Woodson, No. 22A-PL-2830, __N.E.3d __ (Ind. Ct. App., June 19, 2023).
Social Security Administration has exclusive authority over the issues of benefit misuse by representative payees and over the recovery of those misused funds; a trial court did not have subject matter jurisdiction.