Bojko v. Anonymous Physician
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Six patients filed medical malpractice actions against the estate and practice of a deceased physician, alleging that the physician breached the standard of care. The patients submitted various materials to medical review panels, including a wrongful death complaint filed by the physician's wife in a separate malpractice action. The defendants petitioned the trial court to redact the wife's complaint and any mention of its contents from the patients' submissions. The trial court granted the petition.
The case was appealed to the Indiana Court of Appeals, which affirmed the trial court's decision. The patients then petitioned for transfer to the Indiana Supreme Court.
The Indiana Supreme Court reversed the lower courts' decisions. The court concluded that trial courts do not have the authority to act as gatekeeper of the evidence a party submits to a medical review panel. The court also held that the third-party complaint in this case is evidence, and therefore, the trial court lacked the authority to order the patients to redact their submissions. The case was remanded for proceedings consistent with this opinion.
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