In the Matter of the Certified Question: Jeffrey Cutchin as Personal Representative of the Estates of Claudine Cutchin and Adelaide Cutchin v. Amy L. Beard, Commissioner of the Indiana Department of Insurance, Administrator of the Indiana Patient's Compensation Fund
── In the Matter of the Certified Question: Jeffrey Cutchin as Personal Representative of the Estates of Claudine Cutchin and Adelaide Cutchin v. Amy L. Beard, Commissioner of the Indiana Department of Insurance, Administrator of the Indiana Patient's Compensation Fund ──
Case No.: 21S-CQ-00048
Court: Indiana Supreme Court
Date: June 30, 2021
Author: Justice Geoffrey Slaughter
Category: Other
Decision: Certified Question Disposed with Opinion
Justice Rush, Justice Massa, and Justice Goff concur. Justice David concurs in result
Before us are two certified questions from the United States Court of
Appeals for the Seventh Circuit. We answer question two in the
affirmative, holding that the Indiana Medical Malpractice Act applies
when a plaintiff alleges that a qualified health-care provider treated
someone else negligently and that the negligent treatment injured the
plaintiff. Because our answer resolves this case, we decline to answer
question one.
I
In 2017, Sylvia Watson, age 72, and her adult granddaughter picked up
Watson’s car from a repair shop. Cutchin v.
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