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COX v. PAUL

No. 71S03-0409-CV-417.

828 N.E.2d 907 (2005)

Stephen A. and Suzan M. COX, Appellants (Plaintiffs below), v. William E. PAUL, D.D.S., Appellee (Defendant below).

Supreme Court of Indiana.

June 14, 2005.

Attorney(s) appearing for the Case

Edmond W. Foley, Douglas D. Small, South Bend, for Appellants.

Elizabeth H. Knotts, Rori L. Goldman, Indianapolis, for Appellee.

BOEHM, Justice.

We hold that a health care provider who receives notice of possible dangerous side effects of a treatment is not strictly liable for failure to warn a patient who received the treatment from the provider, but may be held liable for failure to make reasonable efforts to warn the patient. If there is credible evidence that the patient did not receive notice, it is the burden of the provider to establish that reasonable steps were taken. In this case...

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