Indiana Department of Insurance v. Jane Doe

Summary

The Indiana Supreme Court affirmed the denial of summary judgment in an excess-compensation proceeding under the Medical Malpractice Act. It held that the Fund may contest whether settled claims are legally compensable under the Act, that negligent credentialing falls within the Act only when the physician’s underlying conduct constitutes malpractice, and that sexual misconduct during an authorized examination may qualify when it stems from an inseparable part of the health care rendered. The designated evidence created no entitlement to judgment as a matter of law because the assault occurred during examination procedures involving authorized genital contact.