Methodist Hospital of Indiana, Inc. v. Rioux

Majority - Young, Presiding Judge

Yes, the Indiana Medical Malpractice Act requires a patient alleging a hospital's negligent failure to provide appropriate care during confinement to first submit a proposed complaint to a medical review panel before filing suit in court. The court reasoned that the complaint, which alleged the hospital negligently failed to provide appropriate care to prevent a fall and injury during the patient’s confinement, falls squarely within the broad definitions of the Medical Malpractice Act. The Act defines 'health care' as 'any act, or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient’s medical care, treatment or confinement.' It defines 'malpractice' as 'any tort or breach of contract based on health care or professional services rendered, or which should have been rendered, by a health care provider, to a patient.' Methodist Hospital is undisputed to be a 'health care provider' under the Act. The court found that the hospital’s professional duty includes providing a safe environment, and failure to do so for a patient during confinement constitutes a breach of duty within the Act's scope. Because the Riouxes did not present facts to rebut the hospital's affidavit showing no medical review panel opinion had been rendered, as required by Trial Rule 56(E), the trial court erred in denying summary judgment.