The Medical Malpractice Act was not intended to cover claims by third parties having absolutely no relationship to the doctor or medical provider.
J. Kirsch
Anonymous Physician v. Rogers, No. 02A03-1401-CT-1, __ N.E.3d __ (Ind. Ct. App., Nov. 7, 2014).
Doctrine of continuing wrong does not apply to doctor’s continued use of disinfectant that caused plaintiff’s allergic reaction in his medical malpractice action.
Layman v. State, No. 20A04-1310-CR-518, __ N.E.3d __ (Ind. Ct. App., Sept. 12, 2014).
Multiple opinion decision affirms felony murder convictions of waived juveniles when the death resulted from burglary victim’s shooting of defendants’ accomplice.
Hutchison v. Trilogy Health Services, LLC, No. 30A01-1307-SC-316, __ N.E.2d __ (Ind. Ct. App., Jan. 30, 2014).
When the daughter agreed “to pay the facility the full amount of the resident’s income and resources that the Responsible Party/Agent controls or accesses,” in an agreement with a nursing home for her mother, and there was no evidence presented that daughter ever had access to or control of mother’s income or resources from which to make payment to the nursing home, the daughter was not liable for the nursing home costs.
Wood v. State, No. 53A05-1208-CR-423 , __ N.E.2d __ (Ind. Ct. App., Dec. 31, 2013).
Criminal Rule 4(C)’s one year period did not include the time required for the Indiana Supreme Court to appoint a special judge following withdrawal of a case from the trial judge pursuant to Criminal Rule 15 and Trial Rule 53.1. Affirms conviction for violating IC 14-15-4-1 on duties of a boat operator after a collision, but observes the “problematic” statute “permits no consideration of what is reasonable in any given emergency situation; nor does it permit citizens to engage in any balancing of considerations that arise in typical emergencies and are likely required by other statutes.”