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Summary judgment proper on issue of causation, COA rules

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The Indiana Court of Appeals has affirmed summary judgment in favor of a doctor sued by a patient who claimed a delay in a diagnosis caused him to have increased pain and problems. The evidence doesn’t establish a genuine issue of material fact on the issue of causation.

Joseph Laycock was stabbed in the thigh with a red-hot welding wire at work and immediately treated by a work clinic nurse under the supervision of Dr. Joseph Sliwkowski. Three days later, Laycock went back to the clinic because of tightness and pain in his thigh. He was sent home and the next day, he went to the emergency room because of unbearable pain. He was diagnosed with compartment syndrome and underwent surgery for the condition.

Laycock filed a proposed medical malpractice complaint with the Department of Insurance, and a medical review panel unanimously ruled in favor of Sliwkowski. A year later, Laycock sued the doctor, alleging he had a duty to exercise reasonable care to see that Laycock obtained proper treatment.

Laycock’s expert witness, Dr. Herbert Hermele, testified that while it is important in general to not delay treatment regarding compartment syndrome, he could not say in Laycock’s case that his condition was worse because of the 24-hour delay in treatment.

The trial court granted Sliwkowski’s motion for summary judgment.

Laycock claimed on appeal there are questions of fact related to causation regarding the second time he went to the clinic regarding his thigh. He argued that the  approach outlined in Mayhue v. Sparkman, 653 N.E.2d, 1384, 1386 (Ind. 1995), should apply in his case, but the Court of Appeals judges rejected his claim. There is no claim or evidence that he had a 50 percent or worse chance of recovery from the original injury, so Mayhue is not applicable. Thus, traditional causation principles apply.

Hermele’s testimony was not sufficient to create a genuine issue of material fact regarding whether Sliwkowski’s treatment was the proximate cause of Laycock’s injuries, so the appeals panel upheld summary judgment for the doctor in Joseph Laycock v. Joseph Sliwkowski, M.D., 79A04-1310-CT-521.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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