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GOLESKI v. FRITZ

No. 75S05-0205-CV-296.

768 N.E.2d 889 (2002)

Nadine GOLESKI, as Personal Representative of the Estate of Dorothy M. Vetter, Deceased, Appellant (Plaintiff Below), v. Walter FRITZ, M.D., M.J. Subba Rao, M.D., Thach Nguyen, M.D., Usha Sharma, M.D., Donald Gibertini, M.D., Starke Memorial Hospital, Appellees (Defendants Below).

Supreme Court of Indiana.

May 28, 2002.

Attorney(s) appearing for the Case

Barry D. Rooth, Merrillville, IN, Attorney for Appellant.

David C. Jensen, David J. Beach, Hammond, IN, Mark Lienhoop, LaPorte, IN, Robert D. Brown Merrillville, Indiana Lara Engelking Indianapolis, IN, Attorneys for Appellees.

ON PETITION FOR TRANSFER

BOEHM, Justice.

We hold that claims made by a patient's "representative" under the Medical Malpractice Act survive the death of the representative and pass to the representative's estate. Derivative claims for medical malpractice such as a claim by a spouse for loss of consortium generally survive the death of the claimant under the Survival Statute.

Factual and Procedural Background...

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