INDIANA COURT OF APPEALS UPHOLDS TRIAL COURT'S DECISION TO REDACT "DEPARTMENT OF INSURANCE" SHOWN IN MEDICAL REVIEW PANEL OPINION
In Spaulding et al. v. Wishard Memorial Hospital et al., No. 49A02-0810-CV-954 (October 8, 2009), the Indiana Court of Appeals decided several issues stemming from a medical malpractice trial. One of those issues is whether the trial court erred by redacting the words "Department of Insurance" from the medical review panel's certified opinion. On appeal, the Indiana Court of Appeals held the trial court was correct in excluding the words "Department of Insurance" and using a redacted copy of the certified medical review panel opinion as evidence.
At trial, the plaintiff's counsel sought to introduce a copy of the medical review panel opinion, which had a stamp, seal and caption depicting the State of Indiana Department of Insurance. Indiana law provides that in medical malpractice cases, the report issued by the experts on the medical review panel is admissible at trial. IC 34-18-10-23. However, the defendant in this case argued Indiana Rule of Evidence 411 bars evidence being introduced that shows a person was or was not insured against liability, unless it is being offered to prove agency, ownership, control, or bias/prejudice of a witness.
Furthermore, the Indiana Court of Appeals explained that insurance evidence may be admitted for purposes other than implying fault or negligence. However, insurance evidence that does not violate Rule 411 must still be subject to a determination under Indiana Rule of Evidence 403 of whether its probative value is substantially outweighed by the risk of the evidence being unfairly prejudical to the jury, confusing the jury, and/or misleading the jury.
The Court of Appeals held that the trial court did not abuse its discretion in redacting the words "Department of Insurance" after considering Rule 403 in its judgment of the evidence's admissibility. It explained that the parties never disputed the authenticity of the document. Further, it held that even though Indiana Code section 34-18-10-23 allows for the unconditional admissibility of medical review panel decisions at trial, it does not require the unconditional admissions of its stamps or seals.
