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[APPEALS] B.R., a Minor by his Guardian Teresa Todd v. IN. Dept. of Child Services, et al, 55A05-1212-CT-639
Start Date: 10/24/2013Start Time: 1:00 PM
End Date: 10/24/2013End Time: 1:40 PM
Entry Description

B.R., a minor child suffered a severe brain injury after nearly drowning while placed in respite foster care.  The foster care placement was arranged by Adult and Child Mental Health Center (“the Health Center”), which operates under a contract with the Marion County Department of Child Services.  B.R., by his court-appointed guardian, filed a complaint against the Health Center arguing that the Health Center owed and breached its duty to use reasonable care in providing and supervising foster care and services to B.R.  The Health Center filed a motion to dismiss the complaint pursuant to Trial Rule 12(B)(1) claiming lack of subject matter jurisdiction.  Specifically, the Health Center argued that it is a qualified health care provider and B.R.’s claims for his injuries are subject to the medical review panel requirement of the Indiana Medical Malpractice Act.  The trial court agreed and dismissed the complaint.  B.R., by his guardian, now appeals.

The Scheduled Panel Members are Judges Najam, Bailey, and, Mathias.

Location:
IU McKinney School of Law
Wynne Moot Courtroom
Indianapolis, Indiana
Contact Information:
Name: Martin DeAgostino
Phone: 317-234-4859
Email: martin.deagostino@courts.in.gov
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Entry Type:
Event
Entry Category:
  • Oral Arguments
  • IN.gov Category:
  • Government
  • Agency Name
    Courts, Indiana

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