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MARTINEZ v. OAKLAWN PSYCHIATRIC CENTER, INC.

Court of Appeals Case No. 18A-CT-2883.

128 N.E.3d 549 (2019)

Linda MARTINEZ, as the Personal Representative of the Estate of Roy Martinez, Appellant-Plaintiff, v. OAKLAWN PSYCHIATRIC CENTER, INC., Appellee-Defendant.

Court of Appeals of Indiana.

FILED July 12, 2019.

Attorney(s) appearing for the Case

Attorneys for Appellant: Daniel H. Pfeifer , James P. Barth , Jeffrey J. Stesiak , South Bend, Indiana.

Attorney for Appellee: Robert J. Palmer , Mishawaka, Indiana.

[1] The issue presented in this appeal is whether the claim in this case alleges facts that fall under Indiana's Medical Malpractice Act ("the Act"), or whether the facts allege pure negligence or premises liability outside the definitions of the Act. The St. Joseph Superior Court granted Oaklawn Psychiatric Center, Inc.'s ("Oaklawn...

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