Question: Birt was a hospital patient The doctor who treated him
Birt was a hospital patient. The doctor who treated him was a shareholder of a professional corporation organized under the Indiana Medical Professional Corporation Act. Birt claimed that the doctor who treated him was guilty of malpractice, and he sued the doctor. He also sued the professional corporation and all of its officers, directors, and shareholders. These other defendants asserted that they were not liable because the corporate entity shielded them. The plaintiff claimed that the corporation was not a shield because in fact all of the persons were rendering medical services and should be held liable as in a partnership. The statute did not expressly regulate the matter of limited liability beyond declaring that it did not change the law between a person supplying medical services and the patient. Decide. [Birt v. St. Mary Mercy Hospital, 370 N.E.2d 379 (Ind. App.)]
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