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Court finds facilities have immunity in suit over detention

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The three unidentified entities involved in the detention of a Bloomington man for several days after he refused in-patient treatment for alcoholism are entitled to immunity in his lawsuit alleging medical malpractice, the Indiana Court of Appeals ruled Wednesday.

Thomas and Cathy Haggerty filed the lawsuit against the entities identified by the court as Anonymous Party 1, 2 and 3 after Thomas Haggerty refused to stay at the AP1 facility and threatened to walk home to Bloomington from Indianapolis on a cold winter night. Haggerty had been hospitalized for complications due to alcoholism and was to receive in-patient treatment in Indianapolis. He did not want to stay, which led to AP2 being called. AP2, a nearby medical facility, picked up Haggerty and detained him. AP3, a corporate entity related to AP2, was also named in the Haggertys’ proposed complaint for medical malpractice and subsequent lawsuit.

All three parties argued they were immune from liability under I.C. 12-26-2-6, which grants immunity to those who assist or participate in proceedings for an individual’s detention or commitment. The trial court granted AP1’s motion for summary judgment, but denied it related to the other parties. The Haggertys appealed the grant of summary judgment. AP2 and AP3 filed a belated motion to certify the trial court’s order for interlocutory appeal. The trial court granted the belated motion, and the COA accepted jurisdiction over the combined appeal.

The Haggertys argued that the trial court did not have jurisdiction to rule on the issue of immunity because that issue was reserved for the medical review panel, as well as that none of the anonymous parties are entitled to immunity under Indiana law because they violated Haggerty’s personal or civil rights.

The COA found the trial court had jurisdiction to rule on the issue of immunity because it is an affirmative defense.

“The trial court did not need an expert opinion to determine whether the anonymous parties could claim immunity under Section 12-26-2-6; this is a legal determination that the court was capable of making on its own,” Judge Nancy Vaidik wrote.

All three judges on the panel agreed AP1 is entitled to immunity. Vaidik and Judge Ezra Friedlander found AP2 and AP3 are entitled to immunity and reversed the denial of their motions for summary judgment.

But Judge John Baker dissented from his colleagues’ decision to grant summary judgment for AP2 and AP3 on the immunity issue. Baker believed Haggerty’s testimony that he was placed in a small bathroom for four hours before being admitted to AP2 creates a genuine issue of material fact. This is the type of issue the medical review panel should assess to determine whether the actions of AP2 were appropriate, he wrote.

The case is Thomas Haggerty and Cathy Haggerty v. Anonymous Party 1, Anonymous Party 2, and Anonymous Party 3, 53A01-1210-CT-472.

 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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