Legal Opinion

Mary (Jones) Shirey v. Rex Flenar, M.D.

Indiana Court of Appeals

Decided December 21, 2017No. 02A03-1704-MI-876PublishedCited by 10 opinions

1Opinion of the Court

Vaidik, Chief Judge.

Case Summary

[1] After Mary Shirey was injured in a car accident, she sought treatment from Dr. Rex Flenar. A few weeks later, Shirey's lawyer asked Dr. Flenar for her medical records. Dr. Flenar failed to respond for several years before eventually indicating that the records were destroyed by his medical-records software provider. Shirey has sued Dr. Flenar, claiming that she has a private right of action under Indiana Code section 16-39-1-1, which requires a healthcare provider to supply a patient's medical records upon request by the patient. She also asserts that, to…

Also in this document: Concurrence.

2Cases cited18 opinions

  1. Webb v. JarvisIndiana Supreme Court · 1991
  2. Antonio Hughley v. State of Indiana, The Consolidated City of Indianapolis/Marion County, and The Indianapolis Metropolitan Police DepartmentIndiana Supreme Court · 2014
  3. April Goodwin, Tiffany Randolph and Javon Washington v. Yeakle's Sports Bar and Grill, Inc.Indiana Supreme Court · 2016
  4. LTV Steel Co. v. GriffinIndiana Supreme Court · 2000
  5. Goldsberry v. GrubbsIndiana Court of Appeals · 1996

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

3Cited by10 opinions

  1. Northern Indiana Public Service Company v. Aqua Environmental Container Corp. and Joki Leasing, LLCIndiana Court of Appeals · 2018
  2. BELL v. ARDAGH GROUP S.A.District Court, S.D. Indiana · 2021
  3. Chris A. Kelly v. Indiana Bureau of Motor VehiclesIndiana Supreme Court · 2025
  4. Gaston v. HazeltineDistrict Court, N.D. Indiana · 2023
  5. Pandel Ludwig v. Flaherty & Collins, Inc.Indiana Court of Appeals · 2026

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

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