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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinion was posted after IL’s deadline Monday:
Indiana Supreme Court
Indiana Department of Insurance and Indiana Patient’s Compensation Fund v. Jane Doe and John Doe I, et. al.
23S-CT-306
Civil tort. Affirms Boone Circuit Court Judge Lori Schein’s denial of the Indiana Department of Insurance and Indiana Patient’s Compensation Fund’s motion for summary judgment, which claimed excess compensation was unavailable because neither the sexual assault nor the hospital’s negligence were acts that fell within the Indiana Medical Malpractice Act. Finds that claims premised on sexual assault by a physician during an authorized medical examination can fall within the MMA if the alleged misconduct stems from an inseparable part of the health care being rendered. Also finds that because the designated evidence here establishes that the physician’s sexual misconduct fits within this narrow category, the defendants have failed to show that they are entitled to judgment as a matter of law. Justice Derek Molter concurs with separate opinion. Justice Mark Massa concurs in part and dissents in part with separate opinion in which Justice Geoffrey Slaughter joins. Attorneys for appellants: Wade Fulford, Michael Heavilon. Attorneys for appellees: Gregory Laker, Gabriel Hawkins, Norris Cunningham, Brian Park, Michael Blinn, Michael Conner.
Thursday opinions
Indiana Court of Appeals
In re: Adoption of R.G.B. and P.K.B., M.B. v. A.S. and W.S.
24A-AD-1885
Adoption. Reverses Washington Circuit Court Judge Larry Medlock’s order granting the motion of adoptive parents A.S. and W.S. to waive the statutorily-mandated period of supervision prior to the adoption of minor children R.B. and P.B. Finds that the juvenile court erred in granting the waiver of the home study requirement. Remands with instructions for the juvenile court to order a period of supervision pursuant to Indiana Code section 31-19-8-1. Attorney for appellant: A. David Hutson. Attorney for appellee: Alice Blevins.
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