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ATTERHOLT v. HERBST

No. 49S04-0806-CV-344.

907 N.E.2d 528 (2009)

Jim ATTERHOLT, Commissioner of the Indiana Department of Insurance, as Administrator of the Indiana Patient's Compensation Fund, Appellant (Defendant below), v. Geneva HERBST, Personal Representative of the Estate of Jeffrey A. Herbst, Deceased, Appellee (Plaintiff below).

Supreme Court of Indiana.

June 15, 2009.

Attorney(s) appearing for the Case

Elizabeth H. Knotts, Rori L. Goldman, Indianapolis, IN, Attorneys for Appellant.

Thomas J. Costakis, Libby Y. Mote, Indianapolis, IN, Attorneys for Amicus Curiae Indiana State Medical Association.

Steven L. Langer and Tara M. Wozniak, Valparaiso, IN, Attorneys for Appellee.

On Petition for Rehearing

BOEHM, Justice.

Under circumstances spelled out in the Indiana Medical Malpractice Act, the Act limits the liability of a health care provider and permits recovery of excess damages from the Patient's Compensation Fund. In this case, our original opinion summarized our holding as follows:

when a claimant seeks excess damages from the Patient's Compensation Fund after obtaining a judgment or settlement from a health care...

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