ILNews

Hospital duty to patients case granted transfer

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court granted transfer Thursday to a case in which judges were split on the duty a hospital owed to patients to prevent possible harm by refusing to release them to a suspected abuser.

The high court agreed to take Ava McSwane and Danielle Hays v. Bloomington Hospital and Healthcare System and Jean M. Eelma, M.D., No. 53A04-0705-CV-243, to decide what duty Bloomington Hospital owed to Ava McSwane's daughter, Malia Vandeneede, once it suspected Vandeneede came to the hospital with injuries from domestic abuse. Vandeneede was killed on the way home from the hospital by her ex-husband after she told hospital staffers she wanted to go home with him, even though the ex-husband was suspected of inflicting the injuries that sent Vandeneede to the hospital in the first place.

The majority ruled there may be occasions when a hospital has a duty to not discharge a patient to the care of a suspected abuser, and hospitals owe a duty to protect their patients, even from people who aren't affiliated with the hospital.

Chief Judge John Baker dissented, saying he found the rationale used by the majority was fundamentally flawed.

The Supreme Court also granted transfer this week to two other cases, Kerry L. Meredith v. State of Indiana, No. 89A04-0703-CR-148 and Estate of Margaret H. Prickett v. Marilyn Prickett Womersley, No. 71A03-0710-CV-488.

In Meredith, the appellate court reversed Kerry Meredith's conviction of possession of cocaine and found the trial court erred in admitting evidence of cocaine found in his car into trial. Meredith was pulled over because a police officer couldn't read the expiration date of his temporary license plate. Once the officer discovered the plate wasn't expired, instead of letting Meredith go, he asked Meredith to search his vehicle. Meredith consented and the officer found cocaine. The Court of Appeals determined once the officer discovered the plate wasn't expired, he should have let Meredith go.

In Prickett, the Court of Appeals affirmed the denial of summary judgment regarding Marilyn Womersley's claim for compensation and reimbursement for time she spent caring for her mother. The appellate court also affirmed the denial of the estate's claim for summary judgment and remanded for further proceedings because there was a genuine issue of material fact as to whether the services Womersley provided to Margaret Prickett were necessities.
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  1. Paul Ogden doing a fine job of remembering his peer Gary Welsh with the post below and a call for an Indy gettogether to celebrate Gary .... http://www.ogdenonpolitics.com/2016/05/indiana-loses-citizen-journalist-giant.html Castaways of Indiana, unite!

  2. It's unfortunate that someone has attempted to hijack the comments to promote his own business. This is not an article discussing the means of preserving the record; no matter how it's accomplished, ethics and impartiality are paramount concerns. When a party to litigation contracts directly with a reporting firm, it creates, at the very least, the appearance of a conflict of interest. Court reporters, attorneys and judges are officers of the court and must abide by court rules as well as state and federal laws. Parties to litigation have no such ethical responsibilities. Would we accept insurance companies contracting with judges? This practice effectively shifts costs to the party who can least afford it while reducing costs for the party with the most resources. The success of our justice system depends on equal access for all, not just for those who have the deepest pockets.

  3. As a licensed court reporter in California, I have to say that I'm sure that at some point we will be replaced by speech recognition. However, from what I've seen of it so far, it's a lot farther away than three years. It doesn't sound like Mr. Hubbard has ever sat in a courtroom or a deposition room where testimony is being given. Not all procedures are the same, and often they become quite heated with the ends of question and beginning of answers overlapping. The human mind can discern the words to a certain extent in those cases, but I doubt very much that a computer can yet. There is also the issue of very heavy accents and mumbling. People speak very fast nowadays, and in order to do that, they generally slur everything together, they drop or swallow words like "the" and "and." Voice recognition might be able to produce some form of a transcript, but I'd be very surprised if it produces an accurate or verbatim transcript, as is required in the legal world.

  4. Really enjoyed the profile. Congratulations to Craig on living the dream, and kudos to the pros who got involved to help him realize the vision.

  5. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

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