News - Favorable Indiana Court of Appeals Decision in NECC State Litigation

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 The Indiana Court of Appeals in remarkably quick fashion entered its written opinion that the Indiana Medical Malpractice Act applies to the claims of Foley & Small clients against the South Been Clinic and OSMC. The decision came less than one month following oral argument and upheld the trial court rulings from the Superior Courts in St. Joseph in Elkhart counties. Click here to read the opinion.  Doug Small argued the case for all plaintiffs before the Court of Appeals.

Foley & Small, along with other attorneys representing patients, contended the MMA applies to the patient/claimant claims. The opposite position was being argued by the State of Indiana through its Patient Compensation Fund. Counsel for the Fund as indicated they will be seeking a petition to transfer to the Indiana Supreme Court, which must be filed within 30 days of the decision entered by the Court of Appeals on November 7, in its further appeal effort.

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