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$1.25 million med mal verdict affirmed

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The Indiana Court of Appeals has upheld a $1.25 million jury verdict and in doing so ruled on three issues of first impression that will likely impact future medical malpractice suits.

In Michael A. Linton, M.D. v. Lawanda Davis, No. 45A05-0610-CV-567, the court's unanimous decision today involves Lawanda Davis' labor and delivery in August 2000, where she lost her newborn son at a Gary hospital four hours after the birth. The Indiana Medical Review Panel concluded that Dr. Michael A. Linton had deviated from the standard of care and the Indiana Medical Licensing Board investigated his conduct before the trial began in 2006 and a jury ultimately ruled for Davis.

On appeal, Linton argued the trial court shouldn't have admitted his testimony about the proceedings and rulings of the medical licensing board; that it should have allowed into evidence the review panel's determination not to forward his name to the licensing board for more investigation; and a nurse should have been allowed to testify as a witness about her perceptions of the baby's well-being during labor and delivery.

Through the Indiana Medical Malpractice Act, claims must go before a medical review panel before a lawsuit can proceed; the panel's conclusion isn't decisive and by statute is admissible in a civil trial. If the panel makes a written determination as to whether a physician's name should be forwarded to the licensing board, their decision is not admissible.

In this case, the licensing board placed him on probation indefinitely and that came up during trial. Judges affirmed the lower court, holding that a physician's licensure status can be used to impeach that person's testimony, but that a medical licensing board's specific findings aren't admissible in judicial proceedings.

Linton argued on one point that Indiana Code Section 34-18-9-4 states a medical review panel's determination of "forwarding" is inadmissible, but a determination "not to forward" is allowed.

"The phrase 'determination concerning the forwarding' cannot be wrestled from the context it is used," the court wrote. "As the 'determination' refers back to the Panel's decision as to 'whether to forward,' it not only includes forwarding but must also encompass the decision not to forward."

While the court found that the trial court improperly excluded the nurse's testimony, that error was harmless and didn't affect the outcome.

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  1. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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