Indiana Court Incorrectly Computed Damages From Malpractice Patient Compensation Fund

CHICAGO—A trial court incorrectly calculated damages to be paid from the Indiana Department of Insurance’s Patient’s Compensation Fund in a medical malpractice lawsuit, failing to take into account that the victim had at best an 80 percent chance of survival, an Indiana Appeals Court ruled July 21 (Indiana Department of Insurance, Indiana Patient’s Compensation Fund v. Everhart).

In reversing the decision of the Indiana Circuit Court, Vigo County, the Indiana Court of Appeals remanded the case to the trial court for a recalculation of the $1 million in damages charged against the fund.

James K. Everhart Jr. died ...