Legal Opinion
Hematology-Oncology of Indiana, P.C. v. Fruits
Indiana Court of Appeals
Decided August 10, 2010No. 49A05-0910-CV-556PublishedCited by 4 opinions
1Opinion of the Court
OPINION
MAY, Judge.
Hadley Fruits, as personal representative of the Estate of Elizabeth Ann Cadou, sued Hematology-Oncology of Indiana (hereinafter "Hematology") for medical malpractice and wrongful death,. A jury found for the Estate, and the trial court awarded attorney's fees, costs, and expenses to the Estate. Hematology asserts the court erred by awarding fees, costs, and expenses. As such an award is available under the Wrongful Death Act (WDA), 1 or the Adult Wrongful Death Act and the award does not cause the Estate's recovery to exceed the cap provided in the Medical Malpractice Act,…
2Cases cited13 opinions
- Helen L. Huff, Administratrix of the Estate of Jessee Huff, Deceased, Cross-Appellant v. White Motor Corporation, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1979
- Durham Ex Rel. Estate of Wade v. U-Haul InternationalIndiana Supreme Court · 2001
- Wright v. GettingerIndiana Supreme Court · 1981
- Emergency Physicians of Indianapolis v. PettitIndiana Supreme Court · 1999
- Thomas v. EadsIndiana Court of Appeals · 1980
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3Cited by4 opinions
- McCabe v. Commissioner, Indiana Department of InsuranceIndiana Supreme Court · 2011
- Hematology-Oncology of Indiana, P.C. v. FruitsIndiana Supreme Court · 2011
- Hematology-Oncology of Indiana, P.C. v. FruitsIndiana Supreme Court · 2011
- McCabe v. Commissioner, Indiana Department of InsuranceIndiana Supreme Court · 2011