Diana Foust sued three anonymous healthcare providers for their alleged roles in misidentifying her deceased husband as a registered organ donor, which resulted in his corneal tissue being removed and donated without authorization. Among other things, this interlocutory appeal asks whether the healthcare providers’ roles constituted “health care,” as defined by Indiana’s Medical Malpractice Act. The answer determines whether Foust’s claims sound in ordinary negligence or medical malpractice. If the latter, the Act requires that a medical review panel decide whether the providers met their applicable standards of care before the case can proceed in the trial court.

The scheduled panelists are Judge Altice, Judge Weissmann, and Judge Foley.