Van Sice v. Sentany

BAKER, Judge.

This appeal, like Boruff v. Jesseph (1991), Ind.App., 576 N.E.2d 1297 and Collins v. Thakkar (1990), Ind.App., 552 N.E.2d 507 before it, raises the question of the extent to which allegations of intentional torts against qualified health care providers lie within the scope of the Medical Malpractice Act (the Act). 2 In Boruff, we held that denominating an informed consent complaint as a battery was insufficient to cireumvent the requirements of the Act, and we therefore affirmed the dismissal of the plaintiffs' complaint filed prior to the issuance of a medical review panel…