Holden v. Balko

ENTRY ON PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT

HAMILTON, District Judge.

Under Indiana common law, a tortfeasor cannot rely on a doctor’s negligent treatment of the victim’s injuries to avoid or reduce the tortfeasor’s own liability, at least so long as the victim used reasonable care in selecting a doctor. Whitaker v. Kruse, 495 N.E.2d 223, 226 (Ind.App.1986); accord, Suelzer v. Carpenter, 183 Ind. 23, 107 N.E. 467, 470-71 (1915); Restatement (Second) of Torts § 457 (1965). Indiana, like most other states, treats the risks of medical treatment as foreseeable consequences of the wrong…