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Legal Opinion

Elliott v. Rush Memorial Hospital

Indiana Court of Appeals

Decided June 11, 2010No. 70A01-0911-CV-553PublishedCited by 8 opinions

1Opinion of the Court

OPINION

BARNES, Judge.

Case Summary

Larz Elliott appeals the dismissal of his proposed medical malpractice complaint against Rush Memorial Hospital, Carrie Tressler, and Dr. Philip Kingma (collectively "the Defendants"). We affirm.

Issues

The restated issues before us are:

I. whether the claims of Elliott's proposed complaint fall within the seope of the Medical Malpractice Act ("the Act"); and

II. whether the Defendants are statutorily immune from ary civil liability to Elliott as a matter of law.

Facts

The facts as alleged in Elliott's proposed complaint are that on April 26, 2006, Rush County…

2Cases cited18 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. Herring v. United StatesSupreme Court of the United States · 2009
  3. Boggs v. Tri-State Radiology, Inc.Indiana Supreme Court · 2000
  4. Conwell v. Gray Loon Outdoor Marketing Group, Inc.Indiana Supreme Court · 2009
  5. Cox v. StateIndiana Court of Appeals · 2002

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

3Cited by8 opinions

  1. Billie Thompson v. Lance CopeCourt of Appeals for the Seventh Circuit · 2018
  2. Miller v. IDAHO STATE PATROLIdaho Supreme Court · 2011
  3. Joy Elaine Gwinn v. Harry J. Kloeppel & Associates, Inc.Indiana Court of Appeals · 2014
  4. Jerry W. Young v. State of IndianaIndiana Court of Appeals · 2016
  5. Billie Thompson v. Lance CopeCourt of Appeals for the Seventh Circuit · 2018

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

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