Penny Korakis v. Memorial Hospital of South Bend

Summary

The Indiana Supreme Court held that a medical expert's affidavit opposing summary judgment need not expressly state the applicable standard of care if the standard can be inferred from substantively sufficient information in the affidavit. The affidavit must nevertheless state that the treatment fell below the standard of care, and Dr. Kemmler's affidavit satisfied both requirements as to Dr. Messmer, creating a genuine issue of material fact. The court therefore affirmed summary judgment for Dr. Halperin and Memorial Hospital but reversed it for Dr. Messmer.