Gresk v. DemetrisAnnotate this Case
The anti-SLAPP statute was inapplicable in this medical malpractice action filed by two minors and their parents against a doctor who reported suspected medical child abuse to the Department of Child Services (DSC).
The doctor here argued that the lawsuit was a Strategic Lawsuit Against Public Participation (SLAPP) and that her report to DCS was protected speech shielded by Indiana’s anti-SLAPP statute. The trial court agreed with the doctor and dismissed the lawsuit. The Supreme Court reversed, holding (1) the anti-SLAPP statute was inapplicable because to be protected under the statute a person’s actions must be “in furtherance of” his or her right of petition or free speech and “in connection with a public issue” (see Ind. Code 34-7-7-5); and (2) because Plaintiffs’ lawsuit was not filed to stifle the doctor’s speech on a public issue but to recover damages for alleged medical malpractice, the suit was not the type of suit the anti-SLAPP statute was enacted to prevent.