Indiana Supreme Court

Richard Bojko v. Anonymous Physician

May 9, 2024

Summary

The Indiana Supreme Court held that trial courts lack authority under the Medical Malpractice Act to redact or exclude materials submitted to a medical review panel. It further held that a third-party wrongful-death complaint was evidence because it tended to establish alleged facts concerning the physician’s substance abuse and mental-health conditions, leaving the panel to determine its reliability and relevance. The court therefore reversed the redaction order and remanded for further proceedings.