Not all claims against healthcare providers in Indiana constitute medical malpractice and fall within the scope of the Medical Malpractice Act. A slip-and-fall on untreated ice in a parking lot at a hospital, for instance, is a claim of ordinary negligence, as opposed to medical malpractice. The Medical Malpractice Act does not apply to claims of ordinary negligence.
Whether a claim constitutes medical malpractice or ordinary negligence is a question of law and often turns on hairline distinctions with courts looking to the substance of a claim. The test is whether the claim is based on the provider’s behavior or practices while acting in a professional capacity as a provider of medical services. The Medical Malpractice Act applies to curative or salutary conduct undertaken for the benefit of a patient’s health. The Medical Malpractice Act does not apply to conduct unrelated to the promotion of a patient’s health or the provider’s exercise of professional expertise, skill, or judgment. Courts also ask whether the issues are capable of resolution by a jury without application of the standard of care and whether there is a causal connection between the conduct complained of and the patient-healthcare provider relationship.
The Indiana Court of Appeals recently held that the Medical Malpractice Act was not applicable to a claim of negligent dissemination of protected health information.