Legal Opinion
Indiana Patient's Compensation Fund v. Butcher
Indiana Court of Appeals
Decided March 16, 2007No. 49A02-0603-CV-223PublishedCited by 6 opinions
1Opinion of the Court
OPINION
BARNES, Judge.
Case Summary
The Indiana Patient’s Compensation Fund (“the Fund”) appeals the trial court’s order of judgment collectively awarding Eric, Dorothy, and Samuel Butcher $3,500,000 for an act of medical malpractice. We reverse and remand.
Issues
The Fund raises three issues, which we consolidate and restate as:
I. whether the evidence supports the trial court’s finding that Dorothy sustained physical injuries as a result of the malpractice; and
II. whether Eric and Dorothy are entitled to their own, separate caps under the Medical Malpractice Act (“the Act”) for injuries they…
2Cases cited9 opinions
- Miller Ex Rel. Miller v. Memorial Hospital of South Bend, Inc.Indiana Supreme Court · 1997
- St. Anthony Medical Center, Inc. v. SmithIndiana Court of Appeals · 1992
- Nance v. Miami Sand & Gravel, LLCIndiana Court of Appeals · 2005
- Goleski v. FritzIndiana Supreme Court · 2002
- State Farm Mutual Automobile Insurance Co. v. JakupkoIndiana Court of Appeals · 2006
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Robertson v. B.O. ex rel. OrtIndiana Supreme Court · 2012
- Spangler v. BechtelIndiana Court of Appeals · 2010
- Indiana Patient's Compensation Fund v. PatrickIndiana Court of Appeals · 2009
- M.O. v. Indiana Dept. of Insurance, Indiana Patient's Compensation FundIndiana Court of Appeals · 2012
- Brittney Keisler, Individually And As Natural Parent And Next Friend Of Lilee Keisler v. Indiana Department Of Insurance Patient's Compensation Fund c/o Holly W. LambertIndiana Court of Appeals · 2026
1 more not listed; retrieve them via the Exa API.