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Indiana Patient's Compensation Fund v. Wolfe9/26/2000
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
Indiana Patient's Compensation Fund ("Fund") appeals from the trial court's entry of summary judgment in favor of Thomas Wolfe ("Thomas"), Christine Wolfe ("Christine") and William Wolfe IV ("William") (collectively, "the Wolfes"). The trial court granted summary judgment in favor of the Wolfes, ruling that each Wolfe is a patient who is entitled to a separate statutory damages cap under the Indiana Medical Malpractice Act ("the Act"), and that a single $100,000.00 payment by the health care provider entitles each Wolfe to access the fund. We reverse and remand with instructions.
Issue
The Fund raises two issues for our review, one of which is dispositive. We restate that issue as follows: whether a parent who has a derivative claim, based on loss of services, constitutes a "patient" under Indiana Code section 34-18-2-22 and is therefore entitled to a separate statutory damages cap under the Act.
Facts and Procedural History
William and Christine are the parents of Thomas. On January 6, 1995, Christine entered Dukes Memorial Hospital ("Dukes") for trial induction of labor. When Thomas was delivered on January 7, 1995, by Christi Redmon, M.D. ("Dr. Redmon"), his umbilical cord was wrapped around his neck six times. Thomas was resuscitated immediately upon delivery, but he suffered brain damage as a result of the complications during delivery. On September 13, 1995, the Wolfes filed a proposed complaint for medical malpractice against Dr. Redmon and Dukes. Although a medical review panel determined that neither Dr. Redmon nor Dukes rendered substandard care, the Wolfes filed a complaint against Dr. Redmon and Dukes in the trial court. That complaint alleged that Thomas suffered brain damage, Christine suffered emotional distress, and William and Christine suffered the loss of Thomas's services, love and affection as the result of Dr. Redmon's and Duke's actions or omissions.
On December 23, 1998, Dr. Redmon and Dukes agreed to settle the Wolfes' claim by paying $100,000.00 pursuant to Indiana Code section 34-18-14-4. The Wolfes subsequently filed a claim to recover excess damages from the Fund, pursuant to Indiana Code section 34-18-15-3. The Wolfes filed a motion for partial summary judgment, asking the trial court to determine as a matter of law that William and Christine, as parents with derivative claims for loss of services, have a separate right of recovery under a separate statutory damages cap. The Wolfes also asked for summary judgment on the issue of whether a health care provider's single payment of $100,000.00 entitles all patients injured by the same act of malpractice the right to access the Fund. The Fund filed its own motion for partial summary judgment, seeking to have the court determine that all three Wolfes constitute one patient for purposes of the Act, or in the alternative, that each Wolfe was required to receive a $100,000.00 payment from the health care provider before accessing the Fund. The trial court granted summary judgment in favor of the Wolfes on both issues. This appeal ensued.
Discussion and Decision
I. Summary Judgment Standard of Review
When reviewing the grant or denial of a motion for summary judgment, this Court applies the same standard of review as the trial court. We must determine whether the designated evidentiary matter shows that there is no genuine issue as to any material fact and whether the moving party is entitled to judgment as a matter of law. Rose & Walker, Inc. v. Swaffar, 721 N.E.2d 899, 901 (Ind. Ct. App. 2000), trans. denied. Our standard of review is
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