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HEMATOLOGY-ONCOLOGY OF INDIANA v. FRUITS

No. 49S05-1106-CV-387.

950 N.E.2d 294 (2011)

HEMATOLOGY-ONCOLOGY OF INDIANA, P.C., Appellant (Defendant below), v. Hadley W. FRUITS, as Personal Representative for the Estate of Elizabeth Ann Cadou, Deceased, Appellee (Plaintiff below).

Supreme Court of Indiana.

June 29, 2011.

Attorney(s) appearing for the Case

David G. Field , Katherine G. Karres , Schultz & Pogue, LLP, Indianapolis, IN, David C. Jensen , Robert J. Feldt , Eichhorn & Eichhorn, LLP, Hammond, IN, Attorneys for Appellant.

Robert W. Johnson , Tabor Law Firm, Indianapolis, IN, Attorney for Appellee.

Defense Trial Counsel of Ind., Inc., Robert F. Parker , Patricia Roman-Lagunas , Burke Costanza & Cuppy LLP, Merrillville, IN, James D. Johnson , Rudolph, Fine, Porter, Johnson, LLP, Evansville, IN, Attorneys for Amicus Curiae.

On Petition to Transfer from the Indiana Court of Appeals, No. 49A05-0910-CV-556

DICKSON, Justice.

The defendant, Hematology-Oncology of Indiana, P.C. (the provider), appeals the trial court judgment awarding attorney fees and litigation expenses in this action brought under the Adult Wrongful Death Statute ("AWDS"), Ind.Code § 34-23-1-2, and the Medical Malpractice Act ("MMA"), Ind.Code § 34-18-1-1 et seq. The Court of Appeals affirmed. Hematology...

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