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Legal Opinion

Indiana Patient's Compensation Fund v. Patrick

Indiana Supreme Court

Decided June 23, 2010No. 49S02-0909-CV-402PublishedCited by 8 opinions

1Opinion of the Court

SULLIVAN, Justice.

A father brought a claim under the Adult Wrongful Death Statute for his son's death caused by the negligence of medical providers following an automobile accident. The father also brought a derivative claim under the Medical Malpractice Act for his own emotional distress. Because damages for emotional distress are not available under the Adult Wrongful Death Statute, a parent cannot bring a derivative claim seeking such damages under the Medical Malpractice Act.

Background

In January, 2002, 31-year-old Christopher Patrick ("Son") was injured in a car accident. He suffered a…

2Cases cited12 opinions

  1. Johnson v. St. Vincent Hospital, Inc.Indiana Supreme Court · 1980
  2. Shuamber v. HendersonIndiana Supreme Court · 1991
  3. Wayne Township Board of School Commissioners v. Indiana Insurance Co.Indiana Court of Appeals · 1995
  4. Groves v. TaylorIndiana Supreme Court · 2000
  5. Atlantic Coast Airlines v. CookIndiana Supreme Court · 2006

7 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Spangler v. BechtelIndiana Supreme Court · 2011
  2. KD EX REL. KD v. ChambersIndiana Court of Appeals · 2011
  3. Stafford v. SzymanowskiIndiana Court of Appeals · 2014
  4. Spangler v. BechtelIndiana Court of Appeals · 2010
  5. Rita Horn and Charles Horn v. Cesar Antonio Jara, M.D. and Northwest Indiana Cardiovascular Physicians, P.C. (mem. dec.)Indiana Court of Appeals · 2016

3 more not listed; retrieve them via the Exa API.

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