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Update on Butcher and Winkle cases
Two rulings on malpractice cases issued early last month were favorable to physicians and the Patient’s Compensation Fund (PCF). The ISMA had filed amicus briefs in both cases. See the April 2 ISMA Reports to learn more.
At that time, plaintiffs in the Butler and Winkle cases against the PCF had until April 16 to request a rehearing or petition for a transfer to the Indiana Supreme Court.
The decision in the Butcher case has not been appealed; that decision to return $2,500,000 to the fund stands. However, in the Winkle case, plaintiffs did file a Petition for Rehearing with the Indiana Court of Appeals. That appeal is, therefore, not concluded.
Next, a briefing on this case will occur before the Court of Appeals. “Rehearing may or may not be granted, and we have no way of knowing how long the court will take to issue a ruling,” advised Julie Reed, ISMA legal counsel.
If the petition is denied, plaintiffs could then petition for a transfer to the Indiana Supreme Court. “If that occurs, there will be more briefing and an unknown timeline for a decision,” said Reed.
If you have questions about these cases, contact Reed at the ISMA.
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