patient claim (Indiana) · Go Syfert
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patient claim in Indiana

7 Indiana opinions name it 1 courts 2003–2019 0 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Shacare Terry v. Community Health Network, Inc.green
indctapp · 2014 · cited in 2 Indiana opinions naming this issue, 2016–2019
2 sentences

2019Ind. Code § 34-18-8-1 ; Terry v. Cmty. Health Network, Inc. , 17 N.E.3d 389 , 393 (Ind. Ct. App. 2014).

2016Ind. Code § 34-18-8-1 ; Terry v. Cmty. Health Network, Inc., 17 N.E.3d 389, 393 (Ind. Ct. App. 2014).

12
Stanley v. Walkergreen
ind · 2009 · cited in 1 Indiana opinions naming this issue, 2016–2016
1 sentence

2016Stanley involved the evidence a tortfeasor could introduce to attempt to reduce the injured party’s claim of damages. 906 N.E.2d 852, 858 (Ind.2009).

11
Thomas v. Deitschgreen
indctapp · 2001 · cited in 1 Indiana opinions naming this issue, 2003–2003
1 sentence

2003The Medical Malpractice Act is applicable to “‘a patient or the representative of a patient who has a claim for bodily injury or death on account of malpractice.’ ” Thomas v. Deitsch, 743 N.E.2d 1218, 1220 (Ind.Ct.App.2001) (quoting Indiana Code Section 34-18-8-1).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Hamilton v. Ashton green
indctapp · 2006
2 sentences

2015Id. (citation omitted). 12 .If there is no informed consent, the patient has a claim for the fact that the surgery occurred.

2015Hamilton, 850 N.E.2d at 467 . 13 .

12015–2015
Weldon v. Universal Reagents, Inc. green
indctapp · 1999
1 sentence

2013Id. 6 The Medical Malpractice Act, Indiana Code article 34-18, applies to a patient or the representative of a patient who has a claim “for bodily injury or death on account of malpractice[.]” I.C. § 34-18-8-1.

12013–2013
Miller v. Terre Haute Regional Hospital green
ind · 1992
1 sentence

2003In support of their argument, the Breeces point to Ind.Code § 34-18-8-1 which states that "[a] patient or the representative of a patient who has a claim under this article for bodily injury or death on account of malpractice may ... file a complaint in any *227 court of law having requisite jurisdiction." Furthermore, they cite Miller v. Terre Haute Regional Hospital, 603 N.E.2d 861 (Ind.1992) and Hopster v. Burgeson, 750 N.E.2d 841 (Ind.Ct.App.2001) for the proposition that a wrongful death claim is properly brought under the Medical Malpractice Act.

12003–2003
Hopster v. Burgeson green
indctapp · 2001
1 sentence

2003In support of their argument, the Breeces point to Ind.Code § 34-18-8-1 which states that "[a] patient or the representative of a patient who has a claim under this article for bodily injury or death on account of malpractice may ... file a complaint in any *227 court of law having requisite jurisdiction." Furthermore, they cite Miller v. Terre Haute Regional Hospital, 603 N.E.2d 861 (Ind.1992) and Hopster v. Burgeson, 750 N.E.2d 841 (Ind.Ct.App.2001) for the proposition that a wrongful death claim is properly brought under the Medical Malpractice Act.

12003–2003
Warrick Hospital, Inc. v. Wallace green
indctapp · 1982
1 sentence

2003The issue of whether the Medical Malpractice Act creates an independent cause of action was addressed in Warrick Hospital, Inc. v. Wallace, 435 N.E.2d 263 (Ind. Ct.App.1982), rev'd in part and affirmed in part.

12003–2003

Statutes the citing opinions construe

IN § Ind. Code § 34-18-8-1 (5) IN § Ind. Code § 34-18-2-18 (4) IN § Ind. Code § 34-18-2-22 (4) IN § Ind. Code § 34-18-8-4 (4) IN § Ind. Code § 34-18-2-13 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 12 (1977–2024) IA 11 (1983–2026) WI 10 (1977–2025) PA 8 (1904–2023) TX 8 (1954–2015) LA 8 (1972–2007) IL 8 (1991–2021) OH 8 (1901–2021) MO 7 (1914–2018) WA 7 (1988–2024) KY 7 (2009–2026) OR 7 (1984–2013) IN 7 (2003–2019) NY 6 (1984–2007) GA 5 (1993–2019) MA 5 (1985–2011) HI 4 (1978–2011) AR 4 (1992–2020) MS 3 (1980–2000) DE 3 (1989–2021) FL 3 (2006–2026) AZ 3 (2009–2016) ND 3 (1994–1997) MI 3 (1904–2022) NC 3 (1940–1982) NJ 3 (1994–2015) VT 3 (1977–2006) NH 2 (1989–2005) NM 2 (1999–2018) CO 2 (2013–2021) DC 2 (1997–2012) UT 2 (2013–2020) TN 2 (2020–2026) AL 2 (2005–2010) CT 2 (2013–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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