Court within its discretion to award prejudgment interest at a rate of 8% in med mal claim

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Mary D. Miller (“Miller”) prevailed on a claim filed in Vanderburgh Superior Court for medical malpractice against Thomas K. Hupfer (“Hupfer”). She filed a motion for prejudgment interest, which the trial court granted. Hupfer appeals and argues that the trial court abused its discretion when it awarded prejudgment interest to Miller.
Conclusion (slip op. at 6):  The trial court was within its discretion to award prejudgment interest at a rate of 8%.  Affirmed.
Key Analysis (slip op. at 3, 5):  Since this case is a tort case, TPIS applies and preempts common law prejudgment interest . . . TIPS does not apply if the amount of the offer exceeds one and 1/3 of the amount of the judgment. Since the demand did not exceed one and 1/3 of the amount of the judgment, the statute applies . . . TPIS states that a “court may award prejudgment interest as part of a judgment.” Also, TPIS applies to “any civil action arising out of tortious conduct.” Miller complied with the requirements of the TPIS; therefore, the trial court acted within its discretion when it awarded prejudgment interest.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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