Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran

DICKSON, Justice.

This case presents a question of first impression: whether Indiana’s Medical Malpractice Act’s cap on attorney fees from a Patient Compensation Fund award also applies to reduce the Fund’s liability. In this adult wrongful death medical malpractice case, the trial court ordered payment by the Fund to the Estate, without any reduction to reflect the limitation on attorney fees. In a divided opinion, the Court of Appeals reversed and remanded. Ind. Patient’s Comp. Fund v. Holcomb, 998 N.E.2d 989 (Ind.Ct.App.2013). We granted transfer and now affirm the trial court.

Mable Louise…