Robertson v. B.O. ex rel. Ort

MASSA, Justice.

In defending against a petition to recover excess damages arising from a medical malpractice action, may the Indiana Patient’s Compensation Fund — after the healthcare provider settles with the plaintiff and admits liability — present evidence to dispute the existence or cause of the plaintiffs injury? In some types of cases, we have previously said yes. In the type of case before us today, however, we say no.

Facts and Procedural History

At age four, B.O. was diagnosed with a mild form of cerebral palsy known as spastic diplegia. Subsequently, his parents filed a complaint under…