Community Hospital of Anderson v. McKnight

DeBRULER, Justice.

This case comes to this Court on petition to transfer from the First District of the Court of Appeals. Community Hospital of Anderson and Madison County et al. v. McKnight et al. (1985), Ind.App., 482 N.E.2d 280. The Court of Appeals decided adversely to plaintiffs-appellees' position, holding that in order for plaintiffs to prosecute a claim for death under the Medical Malpractice Act, L.C. § 16-9.5-1-1 et seq., they must first comply with the requirements of the Wrongful Death Statute, LC. § 34-1-1-2, chief among which is that a personal representative appointed by a court…