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POEHLMAN v. FEFERMAN

No. 71S05-9810-CV-597.

717 N.E.2d 578 (1999)

Helen M. POEHLMAN, Appellant (Plaintiff below), v. Martin E. FEFERMAN, M.D., Appellee (Defendant below). Helen M. Poehlman, Appellant (Plaintiff below), v. Martin E. Feferman, M.D., Physicians Insurance Company of Indiana and Marjorie Maginn, Commissioner of Insurance of the State of Indiana, Appellees (Defendants below).

Supreme Court of Indiana.

October 7, 1999.

Attorney(s) appearing for the Case

F. Boyd Hovde, Regina M. Poore, Indianapolis, Indiana, Attorneys for Appellant.

Jerry Garau, Indianapolis, Indiana, Attorney for Amicus Curiae Indiana Trial Lawyer Association.

Matthew W. Conner, Indianapolis, Indiana, Attorney for Appellee Commissioner of Insurance of the State of Indiana.

Robert J. Palmer, South Bend, Indiana, James F. Bleeke, Indianapolis, Indiana, Attorneys for Appellees Martin E. Feferman, M.D., and Physicians Insurance Company of Indiana.

ON PETITION TO TRANSFER

SULLIVAN, Justice.

The plaintiff in this medical malpractice case was awarded $345,263 in damages plus post-judgment interest and court costs. The parties disagree over whether the malpractice act's liability limits apply to damages only or also to the interest and costs and over how to allocate those expenses between the doctor and patient's compensation fund. We hold that the interest and costs are recoverable from the doctor and...

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