Kho v. Pennington

DICKSON, Justice.

The Indiana Medical Malpractice Act generally requires that actions for medical negligence against health care providers must first be submitted to and considered by a medical review panel. For limited purposes, the Act permits such actions to be contemporaneously filed in court, provided that the complaint contains no information that would allow the defendant provider(s) to be identified. We hold that the violation of this defendant identity confidentiality provision may be actionable.

In January 2001, Ruby Miller, as personal representative of the Estate of Tracy Merle Lee,…