Hematology-Oncology of Indiana, P.C. v. Fruits

DICKSON, Justice.

The defendant, Hematology-Oncology of Indiana, P.C. (the provider), appeals the trial court judgment awarding attorney fees and litigation expenses in this action brought under the Adult Wrongful Death Statute (“AWDS”), Ind.Code § 34-23-1-2, and the Medical Malpractice Act (“MMA”), Ind.Code § 34-18-1-1 et seq. The Court of Appeals affirmed. Hematology-Oncology of Ind., P.C. v. Fruits, 932 N.E.2d 698 (Ind.Ct.App.2010). We grant transfer and now affirm the trial court’s ruling that attorney fees and expenses are recoverable under the AWDS but remand to limit the provider’s…