Legal Opinion
Patient's Compensation Fund v. Hicklin
Indiana Court of Appeals
Decided March 8, 2005No. 82A01-0406-CV-249PublishedCited by 1 opinion
1Opinion of the Court
OPINION
NAJAM, Judge.
STATEMENT OF THE CASE
The Patient's Compensation Fund ("the Fund") brings this certified interlocutory appeal from the trial court's denial of its motion to dismiss a claim for excess damages under the Medical Malpractice Act ("the Act") brought by Robert E. Hicklin, Jr., as Personal Representative of the Estate of Millard H. Black, Deceased ("the Estate"). The Fund presents a single issue for our review, namely, whether the Estate satisfied the statutory prerequisites to seeking damages from the Fund.
We reverse.
FACTS AND PROCEDURAL HISTORY
On November 28, 2000, the Estate…
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