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Patient's Compensation Fund v. Hicklin3/8/2005
FOR PUBLICATION
STATEMENT OF THE CASE
The Patient's Compensation Fund ("the Fund") brings this certified interlocutory appeal from the trial court's denial of its motion to dismiss a claim for excess damages under the Medical Malpractice Act ("the Act") brought by Robert E. Hicklin, Jr., as Personal Representative of the Estate of Millard H. Black, Deceased ("the Estate"). The Fund presents a single issue for our review, namely, whether the Estate satisfied the statutory prerequisites to seeking damages from the Fund.
We reverse.
FACTS AND PROCEDURAL HISTORY
On November 28, 2000, the Estate filed a proposed complaint for damages against WBH Evansville, Inc., d/b/a Welborn Baptist Hospital ("WBH") with the Indiana Department of Insurance ("IDOI"). In its complaint, the Estate alleged that WBH was negligent in its medical treatment of Black in 1998. On December 15, 2000, the Estate filed a complaint against WBH with the United States District Court for the Southern District of Indiana alleging that WBH violated the Emergency Medical Treatment and Active Labor Act ("EMTALA"). See 42 U.S.C. § 1395dd.
On May 15, 2002, the Estate and WBH executed a settlement agreement regarding both complaints whereby WBH would pay the Estate $75,000 upon execution of the agreement and $1 one week later. On December 9, 2003, the Estate filed a petition against the Fund seeking payment of its damages in excess of the amount paid by WBH. The Fund filed a motion to dismiss that petition under Indiana Trial Rule 12(B)(1) alleging that the Estate had not satisfied the statutory prerequisites to petitioning for excess damages under the Act. Following a hearing, the trial court denied that motion. The Fund moved the trial court to certify the issue for interlocutory appeal, and the court granted that motion. This appeal ensued.
DISCUSSION AND DECISION
The Fund contends that the trial court erred when it denied its motion to dismiss. In ruling on a motion for lack of subject matter jurisdiction under Indiana Trial Rule 12(B)(1), the trial court may consider not only the complaint and motion but also any affidavits or evidence submitted in support. GKN Co. v. Magness, 744 N.E.2d 397, 400 (Ind. 2001). In addition, the trial court may weigh the evidence to determine the existence of the requisite jurisdictional facts. Id.
Under the Act, a medical malpractice plaintiff's ("claimant") damages are limited. At all times relevant to the instant action, a health care provider was liable for up to $100,000 per occurrence, and a claimant could seek up to $650,000 in excess damages from the Fund. See Ind. Code § 34-18-14-3 (formerly Ind. Code § 27-12-14-3). A health care provider may discharge its liability by setting up a periodic payments agreement, which is defined as follows:
contract between a health care provider (or its insurer) and the patient (or the patient's estate), under which the health care provider is relieved from possible liability in consideration of:
(1) a present payment of money to the patient (or the patient's estate); and
(2) one (1) or more payments to the patient (or the patient's estate) in the future; whether or not some or all of the payments are contingent upon the patient's survival to the proposed date of payment.
Ind. Code § 34-18-14-2 (formerly Ind. Code § 27-12-14-2). But Indiana Code Section 34-18-14-4(b) ("Section 4(b)") provides further:
If the health care provider agrees to discharge its possible liability to the patient through a periodic payments agreement, the amount of the patient's recovery from a health care provide
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