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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. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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