Charles McKeen, M.D. v. Billy Turner
Indiana Court of Appeals
1Opinion of the Court
BAKER, Judge.
[1] Relying on the Indiana Medical Malpractice Act and precedent from our Supreme Court, we hold that a medical malpractice plaintiff need only present the following to a medical review panel: (1) a proposed complaint that encompasses the theories of malpractice alleged in the subsequent litigation sufficiently to satisfy our notice pleading requirements; and (2) evidence relating to the theories of alleged malpractice that the plaintiff seeks to raise during the subsequent litigation. Additionally, we hold that narrative statements submitted to the panel do not subsequently bind…
2Cases cited9 opinions
- Johnson v. St. Vincent Hospital, Inc.Indiana Supreme Court · 1980
- Spangler v. BechtelIndiana Supreme Court · 2011
- Miller Ex Rel. Miller v. Memorial Hospital of South Bend, Inc.Indiana Supreme Court · 1997
- In Re StephensIndiana Supreme Court · 2007
- 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
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3Cited by5 opinions
- Charles McKeen, M.D. v. Billy TurnerIndiana Supreme Court · 2017
- James E. Shaw, Administrator of the Estate and as Father of Jaymes G. Shaw v. Chandra Sundaram, M.D., and Kelli MeteluesIndiana Court of Appeals · 2018
- Anonymous Hospital v. Mason Spencer and Steve Robertson, Commissioner of The Indiana Dept. of Insurance, and Doug Hill, Medical Review Panel ChairIndiana Court of Appeals · 2020
- Pastor Llobet, M.D. v. Juan GutierrezIndiana Court of Appeals · 2017
- Richard Bojko v. Anonymous PhysicianIndiana Supreme Court · 2024