Thursday, January 7, 2021 10:00am to 10:40am
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Appellees sued Community Health Network and its former employee after learning that the employee had accessed their medical records without authorization. Community moved to dismiss and moved for summary judgment, arguing that the trial court lacked subject matter jurisdiction because Appellees’ claims fell under Indiana’s Medical Malpractice Act and that it was entitled to summary judgment on Appellees’ respondeat superior and negligent training, supervision, and retention claims. The Marion Superior Court denied Community’s motions. The Court of Appeals affirmed in part, reversed in part, and remanded. Community Health Network, Inc. v. McKenzie, 150 N.E.3d 1026 (Ind. Ct. App. 2020), vacated. The Indiana Supreme Court has granted a petition to transfer and assumed jurisdiction over the case.