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INDIANA PATIENT'S COMP. FUND v. BUTCHER

No. 49A02-0603-CV-223.

863 N.E.2d 11 (2007)

INDIANA PATIENT'S COMPENSATION FUND, Appellant-Defendant, v. Eric BUTCHER and Dorothy Butcher, Individually and as Parents and Natural Guardians of Samuel L. Butcher, Deceased Minor, Appellees-Plaintiffs.

Court of Appeals of Indiana.

March 16, 2007.

Attorney(s) appearing for the Case

Susan E. Cline, Julia Blackwell Gelinas, Maggie L. Smith, Locke Reynolds, LLP, Indianapolis, IN, Attorneys for Appellant.

Jerry Garau, Deborah K. Pennington, Findling Garau Germano, & Pennington, P.C., Indianapolis, IN, Attorneys for Appellees.

Thomas J. Costakis, Greg A. Small, Krieg DeVault, LLP, Indianapolis, IN, Attorneys for Amicus Curiae, Indiana State Medical Association.

Kathryn E. Cordell, Angela M. Smith, Hall Render Killian Heath & Lyman, P.C., Indianapolis, IN, Attorneys for Amicus Curiae, Indiana Hospital & Health Association.

OPINION

BARNES, Judge.

Case Summary

The Indiana Patient's Compensation Fund ("the Fund") appeals the trial court's order of judgment collectively awarding Eric, Dorothy, and Samuel Butcher $3,500,000 for an act of medical malpractice. We reverse and remand.

Issues

The Fund raises three issues, which we consolidate and restate as:

I. whether the evidence supports the trial court's finding that Dorothy sustained physical...

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