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. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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