Kathy Collins v. Pravin Thakkar

The narrow issue we address in this interlocutory appeal is whether appellant Collinss three count complaint based upon theories of wrongful abortion, assault and battery, and intentional infliction of emotional distress alleges "torts" "based on health care or professional services rendered . . . by a health care provider, to a patient."[Footnote 1] The trial court dismissed Collinss complaint for want of subject matter jurisdiction pursuant to Ind.Trial Rule 12(B)(1), agreeing with defendant-appellee Thakkar that the allegations of the complaint place its substance with the purview of Indianas Medical Malpractice Act, IND. CODE 16-9.5-1 et seq., which requires submission of all proposed malpractice complaints to a medical review panel before an action may be initiated against a health care provider in a court of this state. Collinss position is simply that the Acts definition of malpractice does not incorporate the torts alleged in her complaint because her causes of action against Thakkar, though arising during the provision of health care, are not based upon anything Thakkar did in rendering health care or professional services.