Where a remedy is available and adequate under the probate code, the heir of a decedent who died intestate does not have the authority to maintain an independent claim for tortious interference with an inheritance outside the probate estate.
E. Najam
McNeil v. Anonymous Hospital, No. 22A-CC-2209, __ N.E.3d __ (Ind. Ct. App., Oct. 5, 2023).
Ind. Code § 31-33-6-1(b) represents a deliberate legislative policy determination that notwithstanding the reporting immunity provided under subsection (a), the standard of care for qualified healthcare providers under the Medical Malpractice Act applies to child abuse reporting.
Ind. Dept. of Ins. v. Doe, No. 22A-CT-1276, __N.E.3d __ (Ind. Ct. App., June 2, 2023).
An underlying act of medical malpractice is a necessary predicate and condition precedent to a medical credentialing malpractice claim.
Where the Patient’s Compensation Fund is not a party to a settlement agreement between the claimant and the provider and the court must consider the liability of the health care provider as “admitted and established,” the Fund is not precluded from making an independent determination and may dispute whether the underlying conduct is compensable under the Act. The Fund does not have an affirmative duty to intervene in settlement negotiations between a claimant and a provider or to address a claim for excess damages until the claim has been filed in court.
A.W. v. State, No. 22A-JV-150, __ N.E.3d __ (Ind. Ct. App., July 29, 2022).
The Indiana Supreme Court reiterated in Wadle, that an offense is factually included when the charging instrument alleges that the means used to commit the crime charged include all of the elements of the alleged lesser included offense. Here, juvenile’s adjudications for possession of a machine gun and dangerous possession of a firearm were factually included and thus, entry of judgment on both counts was a violation of double jeopardy.
In re Adoption of A.F., No. 22A-AD-288, __ N.E.3d __ (Ind. Ct. App., July 7, 2022).
A deceased person cannot adopt a child.