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. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.