Legal Opinion
B.R. ex rel. Todd v. State
Indiana Court of Appeals
Decided November 21, 2013No. 55A05-1212-CT-639PublishedCited by 11 opinions
1Opinion of the Court
OPINION
MATHIAS, Judge.
B.R., by his guardian, Teresa Todd argues that the trial court erred when it granted the Adult and Child Mental Health Center's ("the Health Center") Trial Rule 12(B)(1) motion to dismiss for lack of subject matter jurisdiction. The precise issue presented in this appeal is whether the Health Center was providing "health care" when it placed B.R. in respite therapeutic foster care, and therefore, whether B.R.'s claim was subject to the Indiana Medical Malpractice Act.
*711We reverse and remand for proceedings consistent with this opinion.
Facts and Procedural History
The Health…
2Cases cited16 opinions
- GKN Co. v. MagnessIndiana Supreme Court · 2001
- Collins v. ThakkarIndiana Court of Appeals · 1990
- Winona Memorial Foundation of Indianapolis v. LomaxIndiana Court of Appeals · 1984
- Putnam County Hospital v. SellsIndiana Court of Appeals · 1993
- Murphy v. MortellIndiana Court of Appeals · 1997
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Shacare Terry v. Community Health Network, Inc.Indiana Court of Appeals · 2014
- Preferred Professional Ins. Co., and Hills Ins. Co. Inc. v. Crystal West, William West, and Ind. Dept. of Ins., Patient's Comp. FundIndiana Court of Appeals · 2014
- Scott v. Wingate Wilderness TherapyUtah Supreme Court · 2021
- Stephen W. Robertson, Commissioner, Indiana Department of Insurance, as Admin. of the Indiana Patient's Compensation Fund v. Anonymous ClinicIndiana Court of Appeals · 2016
- City of Fort Wayne v. Southwest Allen County Fire Protection District and Tera K. Klutz, in her official capacity as Auditor of Allen County, IndianaIndiana Court of Appeals · 2017
6 more not listed; retrieve them via the Exa API.