ILNews

COA to travel to Wabash College

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals will hear arguments Feb. 26 at Wabash College in Crawfordsville. Judges Patricia Riley, James Kirsch, and Melissa May will hear the appeal from Monroe Circuit Court of H.D., et al. v. BHC Meadows Hospital, Inc. at 3 p.m.

In this appeal, the court is asked to decide whether the Indiana Medical Malpractice Act requires a juvenile and his or her parents to bring claims from a breach of patient confidentiality before a medical review panel prior to a state court.

H.D., from Illinois, was admitted to BHC Meadows Hospital, an adolescent psychiatric hospital in Bloomington. Officials at the hospital assured H.D. and her parents her admittance to the hospital would be confidential and no one at her school would know about it.

However, the day after she entered the hospital, H.D.'s therapist at the hospital - who did not review the forms about not contacting her school - faxed an update of H.D.'s condition to her school counselor. When H.D. returned to school a few weeks later, her basketball coach asked H.D. when she would tell her teammates about her hospitalization.

Distraught that others knew about her situation, H.D. again demonstrated suicidal behavior. Two months later, two faxed satisfaction surveys about the Meadows were sent to H.D.'s school counselor.

H.D.'s parents filed suit in Monroe Circuit Court, seeking compensation and punitive damages for invasion of privacy, negligent infliction of emotional distress, intentional/reckless infliction of emotional distress, and violations of the Illinois Mental Health and Developmental Disabilities Confidentiality Act.

The hospital brought a motion to dismiss, arguing the family's claims were subject to the Indiana Medical Malpractice Act, which requires submission of the matter before a medical review panel prior to filing an action in court. Initially, the trial court denied the Meadows' motion to dismiss, but after the hospital renewed the motion, the trial court granted it in July 2007.
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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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