Justia Medical Malpractice Opinion SummariesArticles Posted in Indiana Supreme Court
McCabe v. Comm’r, Ind. Dep’t of Ins.
Following the death of his mother, Jeffery McCabe asserted a medical malpractice claim against his mother's medical care providers, who agreed to a settlement sufficient to allow McCabe to petition Indiana Patient's Compensation Fund for additional compensation. McCabe then filed an action pursuant to the Adult Wrongful Death Statute (AWDS), seeking additional recovery from the Fund for, inter alia, medical expenses and attorney fees. The trial granted granted partial summary judgment to the Fund, finding that the AWDS does not allow recovery of attorney fees. The court of appeals affirmed. The Supreme Court reversed the entry of partial summary judgment, holding that reasonable attorney fees incurred in the prosecution of an action under the AWDS are within the damages permitted by the statute. Remanded. View "McCabe v. Comm'r, Ind. Dep't of Ins." on Justia Law
Hematology-Oncology of Ind., P.C. v. Fruits
Defendant Hematology-Oncology of Indiana, a health care provider, appealed a trial court judgment awarding attorney fees and litigation expenses brought under the Adult Wrongful Death Statute (AWDS) and the Medical Malpractice Act (MMA). The trial court entered judgment against defendants for $108,509 in attorney fees and litigation expenses in addition to a $229,148 judgment on the jury verdict for damages exclusive of attorney fees and expenses. The Court of Appeals affirmed. The Supreme Court granted transfer, holding (1) the trial court's award of attorney and litigation expenses was authorized by the AWDS; and (2) the total judgment, including both the jury's damage verdict and the attorney fees and expenses, exceeded the cap limiting damages against individual providers under the MMA. The Court affirmed in part and remanded to limit the provider's aggregate liability to the $250,000 cap prescribed by the MMA. View "Hematology-Oncology of Ind., P.C. v. Fruits" on Justia Law