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Atterholt v. Herbst

Citations

  • 902 N.E.2d 220
  • 2009 Ind. LEXIS 249
  • 2009 WL 613444

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “if with proper care [the plaintiff] still had no chance of working in the future, no lost wages are recoverable from the Fund”
  • agreeing with Glover that set‐ tlement with provider precluded consideration of causation, but holding that evidence regarding patient=s slim chance of survival even with timely diagnosis was separately admissi‐ ble as to measure of damages
  • agreeing with Glover that set‐ tlement with provider precluded consideration of causation, but holding that evidence regarding patient=s slim chance of survival even with timely diagnosis was separately admissi‐ ble as to measure of damages
  • agreeing with Glover that set‐ tlement with provider precluded consideration of causation, but holding that evidence regarding patient=s slim chance of survival even with timely diagnosis was separately No. 20‐1437 17 admissible as to measure of damages
  • “Recovery of excess damages from the Fund is allowed only after a health care provider or the provider’s insurer has paid the first $250,000, or made a settlement in which the sum of the present cash payment and cost of future periodic payments exceeds $187,000.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Boehm, Dickson, Rucker, Shepard, Sullivan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.