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RIMERT v. MORTELL

No. 49A02-9605-CV-293.

680 N.E.2d 867 (1997)

Elizabeth R. RIMERT, Conservator of Gary Alan Rimert, Incompetent, Appellant-Plaintiff, v. John F. MORTELL, Commissioner of Insurance of the State of Indiana, Appellee-Defendant, and M.I. Desai. M.D., and Legion Insurance Company, Nominal Appellees.

Court of Appeals of Indiana.

Transfer Denied October 6, 1997.

Attorney(s) appearing for the Case

F. Boyd Hovde, Hovde Law Firm, Indianapolis, for Appellant-Plaintiff.

Mary J. Hoeller, Mark E. Walker, Lewis & Wagner, Indianapolis, for Appellees.

OPINION

SULLIVAN, Judge.

Elizabeth R. Rimert (Betty), mother and conservator of Gary Alan Rimert (Gary), an incompetent, appeals the trial court's denial of her petition for payment of damages from the Patient's Compensation Fund (the PCF). She presents the following restated issues for our review:

(1) Does settlement of a medical malpractice claim by a health care provider under Indiana's Medical...

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