Wisniewski v. Bennett

ON PETITION TO TRANSFER

BOEHM, Justice.

This case deals with a plaintiffs ability to access the Patient’s Compensation Fund under the Medical Malpractice Act where an agreement to settle and payment of the settlement amount were made by an insurance company that had not qualified its provider under the Act and was not authorized to write malpractice insurance in Indiana. We hold that the Fund cannot be accessed to cover excess liabilities of entities who have not paid into the Fund.

Factual and Procedural Background

From 1986 to 1990, Michael J. Wisniew-ski was treated by Dr. Kishan Chand at…