Subject Matter: Indiana Medical Malpractice Act
The Court of Appeals issued an opinion in a med mal case yesterday, Fairbanks Hosp. v. Harrold, and I’ve attached a copy of the opinion for your information.
Plaintiffs proceeded with a state court claim, and Fairbanks requested a determination of law that all of Plaintiff’s claims fell under Indiana’s Med Mal Act. The trial court determined that the claim did not fall under the Act because the Act does not cover ordinary negligence unrelated to patient care. Fairbanks took an interlocutory appeal, and the Court of Appeals affirmed the trial court’s decision. The Court framed the issue as: Does a complaint alleging negligent hiring, training, and supervision of a hospital employee fall within the Act if the underlying tort allegedly committed by that employee was unwanted sexual advances. The Court held that under Indiana law, an employee’s sexual conduct with a patient cannot constitute a rendition of health care or professional services, and thus a claim based thereon does not fall under the Act.
Shared with the permission of the Author Attorney Kelly Scanlon, Bose, McKinney & Evans Indianapolis, IN.
Firm/Company: Bose McKinney & Evans IN
Document Date: February 21, 2020
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