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Legal Opinion

Chamberlain v. Walpole

Indiana Supreme Court

Decided February 24, 2005No. 02S04-0403-CV-143PublishedCited by 29 opinions

1Opinion of the Court

BOEHM, Justice.

We hold that the Medical Malpractice Act does not provide a cause of action for damages for a wrongful death where the Wrongful Death Act does not allow such an action.

Factual and Procedural Background

Richard Walpole's father died following surgery for a hernia repair. Walpole filed a proposed medical malpractice complaint with the Indiana Department of Insurance, seeking recovery from six physicians and two hospitals for funeral and burial expenses, "lost love, care, affection, society, companionship, and services of his father," and "extreme mental anguish." Three of the…

2Cases cited7 opinions

  1. Johnson v. St. Vincent Hospital, Inc.Indiana Supreme Court · 1980
  2. Durham Ex Rel. Estate of Wade v. U-Haul InternationalIndiana Supreme Court · 2001
  3. Bolin v. WingertIndiana Supreme Court · 2002
  4. Goleski v. FritzIndiana Supreme Court · 2002
  5. South v. White River Farm Bureau Co-OpIndiana Court of Appeals · 1994

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

3Cited by29 opinions

  1. Spangler v. BechtelIndiana Supreme Court · 2011
  2. Kho v. PenningtonIndiana Supreme Court · 2007
  3. Eads v. Community HospitalIndiana Supreme Court · 2010
  4. Ronald Warrum, in His Capacity as Personal Representative of the Estate of Joseph F. Sayyah, Deceased v. United StatesCourt of Appeals for the Seventh Circuit · 2005
  5. Ryan v. BrownIndiana Court of Appeals · 2005

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

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