Wisniewski v. Bennett

OPINION

RUCKER, Judge.

This is a summary judgment action involving the ability of a claimant to gain access to the Patient’s Compensation Fund (Fund) established by the Indiana Medical Malpractice Act. On motion by the Insurance Commissioner of the State of Indiana (Commissioner), the trial court denied such access to claimant Michael J. Wisniewski. Wisniewski now appeals contending the trial court erred in so doing. We reverse and remand.

*1342The relevant and undisputed facts are these. Between February 1986. and March 1990 Wisniewski was treated for injuries by Dr. Kishan Chand whose offices were…