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HEMATOLOGY-ONCOLOGY OF INDIANA v. FRUITS

No. 49A05-0910-CV-556.

932 N.E.2d 698 (2010)

HEMATOLOGY-ONCOLOGY OF INDIANA, P.C., Appellant-Defendant, v. Hadley W. FRUITS, Personal Representative for the Estate of Elizabeth Ann Cadou, Deceased, Appellee-Plaintiff.

Court of Appeals of Indiana.

August 10, 2010.

Attorney(s) appearing for the Case

David G. Field, Katherine G. Karres, Schultz & Pogue, LLP, Indianapolis, IN, David C. Jensen, Robert J. Feldt, Eichhorn & Eichhorn, Hammond, IN, Attorneys for Appellant.

Robert W. Johnson, The Hastings Law Firm, Indianapolis, IN, Attorney for Appellee.

OPINION

MAY, Judge.

Hadley Fruits, as personal representative of the Estate of Elizabeth Ann Cadou, sued Hematology-Oncology of Indiana (hereinafter "Hematology") for medical malpractice and wrongful death. A jury found for the Estate, and the trial court awarded attorney's fees, costs, and expenses to the Estate. Hematology asserts the court erred by awarding fees, costs, and expenses. As such an award is available under the Wrongful Death Act (WDA) or...

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