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Stanzione, Bolde Obtain Summary Judgment in Medical Malpractice Claim

November 1, 2023

Shareholder, Sharon L. Stanzione, and Associate Attorney, Michael J. Bolde, obtained summary judgment in favor of their physician client in a claim pending before the Indiana Department of Insurance. The plaintiff sued the physician for medical malpractice. The plaintiff argued that the physician provided treatment that was negligent and below the standard of care, which caused or contributed to plaintiff’s injuries and damages. The Judge granted summary judgment because the plaintiff filed her proposed complaint outside of the applicable two-year statute of limitations period as prescribed by the Indiana Medical Malpractice Act. The Judge also ordered the Commissioner of the Indiana Department of Insurance to dismiss, with prejudice, plaintiff’s proposed complaint pending before the Indiana Department of Insurance and to expunge from its records all references to the physician client associated with plaintiff’s proposed complaint.  If the plaintiff’s case had not been dismissed, plaintiff planned to seek the statutory cap of $1.8 million in damages.

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