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Jeffries v. Clark Memorial Hospital8/11/2005
(2) township;
(3) city;
(4) town;
(5) separate municipal corporation;
(6) special taxing district;
(7) state college or university;
(8) city or county hospital;
(9) school corporation;
(10) board or commission of one (1) of the entities listed in subdivisions (1) through (9);
(11) drug enforcement task force operated jointly by political subdivisions;
(12) community correctional service program organized under IC 12-12-1; or
(13) solid waste management district established under IC 13-21 or IC 13-9.5-2 (before its repeal).
(Emphasis added).
In examining the above provisions, it is apparent to us that a malpractice claim brought against a governmental entity is governed solely by the Medical Malpractice Act. To be sure, a governmental entity is defined to include a political subdivision of the state. And the definition of political subdivision specifically includes a county hospital. Hence, a medical malpractice claim that is brought against a county hospital is governed exclusively by the Medical Malpractice Act. Thus, it was not necessary for Jeffries to have filed a Notice of Tort Claim against the Hospital.
That said, we cannot agree with the trial court's determination that our legislature has "established two (2) sets of political subdivisions: political subdivisions generally and political subdivisions of the state." Appellant's Br. p. 4. Indiana Code section 34-6-2-1 et seq. sets forth 151 specific definitions. There is no differentiation between a "political subdivision" and a "political subdivision of the state." Had the legislature intended for the terms to have different meanings, they would have been separately defined. See Bd. of Comm'rs of County Of Harrison v. Lowe, 753 N.E.2d 708, 711 (Ind. Ct. App. 2001), trans. denied (observing that Indiana Code section 34-6-2-49 defines a governmental entity for purposes of the Tort Claims Act as "the state or a political subdivision of the state"). Simply put, there are not two types of "political subdivisions" in accordance with the laws of this State. Hence, the trial court erred on this basis, and the Medical Malpractice Act controls the action that Jeffries brought against the Hospital.
The judgment of the trial court is reversed, and this cause is remanded for further proceedings consistent with this opinion.
RILEY, J., and MATHIAS, J., concur.
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