Legal Opinion

Ellenwine v. Fairley

Indiana Supreme Court

Decided May 3, 2006No. 71S03-0605-CV-164PublishedCited by 19 opinions

1Opinion of the Court

SULLIVAN, Justice.

Michelle Ellenwine gave birth to a son, Dustin, on December 19, 1996. Dr. Dawn Fairley was Michelle's treating physician throughout the pregnancy. Complications arose during the delivery and within days of the birth one of Dustin's physicians informed Dustin's parents, Michelle and Alvie, that Dustin had suffered brain damage and was experiencing seizures as a result of oxygen deprivation during delivery. Dustin died on February 2, 1999, when he was two years old.

On October 12, 1999, the Ellenwines filed a proposed medical malpractice complaint against Dr. Fairley with the…

2Cases cited16 opinions

  1. Martin v. RicheyIndiana Supreme Court · 1999
  2. Boggs v. Tri-State Radiology, Inc.Indiana Supreme Court · 2000
  3. Sue Yee Lee Ex Rel. Kwei Hwang Lee v. Lafayette Home Hospital, Inc.Indiana Court of Appeals · 1980
  4. Community Hospital of Anderson v. McKnightIndiana Supreme Court · 1986
  5. Booth v. WileyIndiana Supreme Court · 2005

11 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Atterholt v. RobinsonIndiana Court of Appeals · 2007
  2. Theresa Biedron v. Anonymous Physician 1Indiana Court of Appeals · 2018
  3. Stephen W. Robertson, Commissioner, Indiana Department of Insurance, as Admin. of the Indiana Patient's Compensation Fund v. Anonymous ClinicIndiana Court of Appeals · 2016
  4. Estate of O'Neal Ex Rel. Personal Representative Newkirk v. Bethlehem Wood Nursing & Rehabilation Center, LLCIndiana Court of Appeals · 2007
  5. Stafford v. SzymanowskiIndiana Court of Appeals · 2014

14 more not listed; retrieve them via the Exa API.

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