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COA clarifies emotional distress claims

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The Indiana Court of Appeals used an opinion today to clarify how to treat an independent action for emotional distress brought either in combination with the Wrongful Death Statute or as part of the Medical Malpractice Act.

In Indiana Patient's Compensation Fund v. Gary Patrick, individually and as personal representative of the state of Christopher Patrick, deceased, No. 49A02-0807-CV-614, the Patient's Compensation Fund appealed the trial court's findings of fact, conclusions of law, and judgment in favor of Gary Patrick in his independent claim for damages for emotional distress in conjunction with the Adult Wrongful Death Statute.

Patrick's unmarried, adult son was severely injured in a car accident and discharged from the hospital despite pain and abdominal swelling. A day later, the son collapsed and died from his injuries in Patrick's home. The hospital and physician settled the estate's medical malpractice claim for an overall payout of $250,000. Patrick then filed his petition for payment of excess damages against the fund. The trial court concluded his claim was independent of his claim for damages under the Adult Wrongful Death Statute and awarded him $600,000.

The fund argued Patrick's claim is more properly characterized as derivative rather than independent and falls under the damage limitations of the Adult Wrongful Death Statute. It also argued the statute doesn't include a provision for the recovery of damages for emotional distress.

Noting the confusion in this area of law stems from the fact that damages for emotional distress are treated differently depending upon the vehicle in which they are instituted, the Court of Appeals examined previous caselaw to clarify claims for emotional distress brought as part of a Wrongful Death Statute or part of the Medical Malpractice Act.

Patrick asserted his claim arose from the negligence of the medical personnel treating his son in the context of medical malpractice. Since the son had a claim for medical malpractice, Patrick, as his father, is considered a patient who can have a claim, wrote Judge Patricia Riley. Having met the condition precedent for a cause of action for medical malpractice, the fact the son died as a result of the malpractice and that the claim had to be pursued under the Adult Wrongful Death Statute doesn't alter the existence or nature of the claim, wrote Judge Riley. The trial court was correct in characterizing Patrick's claim for damages as independent of and in addition to the adult wrongful death claim.

Patrick's assertion for damages for emotional distress as a bystander is pursuant to Groves v. Taylor, 729 N.E.2d 569 (Ind. 2000). Although Patrick wasn't present in the hospital when the medical malpractice occurred, he dealt with the aftermath of the malpractice, and was therefore able to bring an independent claim for damages for emotional distress in conjunction with his claim under the Adult Wrongful Death Statute, the judge wrote.

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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