Conviction for aiding in the dealing of a narcotic drug was reversed because agent’s testimony was too speculative to prove beyond a reasonable doubt that she packaged the drug sold.
P. Mathias
In re J.C., No. 19A-JT-350, __ N.E.3d __ (Ind. Ct. App., Sept. 24, 2019).
Trial court did not err by denying Mother’s motion to dismiss the petition to terminate her parental rights because the evidentiary hearings were not completed within the statutory 180-day time frame when Mother affirmatively waived the time frame.
Hayden v. Franciscan Alliance, Inc., No. 18A-CT-1777, __ N.E.3d __ (Ind. Ct. App., Aug. 19, 2019).
When an employee accessed medical records for non-employment-related reasons in direct violation of a confidentiality agreement, the trial court properly granted employer’s motion for summary judgment on respondeat superior and negligent hiring and retention of the employee.
Martinez v. Oaklawn Psychiatric Center, No. 18A-CT-2883, __ N.E.3d __ (Ind. Ct. App., July 12, 2019).
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.
In re Termination of Parent-Child Relationship of S.K., No. 18A-JT-2200, __ N.E.3d __ (Ind. Ct. App., May 13, 2019).
Children’s statements made to therapist regarding whether the children were aware that father killed their mother and whether they understood that they could visit Father were not admissible hearsay under the medical diagnosis exception because children likely did not understand that they were making statements to the therapist for the purpose of diagnosis or treatment.