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CHAMBERLAIN v. WALPOLE

No. 02S04-0403-CV-143.

822 N.E.2d 959 (2005)

Timothy R. CHAMBERLAIN, M.D., et al., Appellants (Defendants below), v. Richard Steven WALPOLE, Appellee (Plaintiff below).

Supreme Court of Indiana.

February 24, 2005.

Attorney(s) appearing for the Case

Milford M. Miller, Calvert S. Miller, Diana C. Bauer, Fort Wayne, IN, Attorneys for Appellants.

Eric D. Johnson, Indianapolis, IN, Amicus Curiae Indiana State Medical Association; National Association of Independent Insurers, and The Insurance Institute of Indiana.

Peter H. Pogue, Donald B. Kite, Sr., Carmel, IN, James D. Johnson, Evansville, IN, Amicus Curiae Defense Trial Counsel of Indiana.

Phillip W. Ogden, Timothy A. Ogden, Warsaw, IN, Attorneys for Appellee.

Mark A. Scott, Kokomo, IN, Amicus Curiae The Indiana Trial Lawyers Association.

BOEHM, Justice.

We hold that the Medical Malpractice Act does not provide a cause of action for damages for a wrongful death where the Wrongful Death Act does not allow such an action.

Factual and Procedural Background

Richard Walpole's father died following surgery for a hernia repair. Walpole filed a proposed medical malpractice complaint with the Indiana Department of Insurance, seeking recovery from six physicians and

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