ILNews

Court upholds judgment for doctor, health care center

Back to TopCommentsE-mailPrintBookmark and Share

A woman who challenged the grant of summary judgment on her negligence claims in favor of the doctor who performed her breast reduction surgery and the heath care center where it was performed lost her appeal before the Indiana Court of Appeals.

Ivelisse Martinez challenged the grant of summary judgment to Dr. Jung Park and St. Margaret Mercy Healthcare Center on her claim for medical negligence against Park and her negligent credentialing claim against St. Margaret. Park performed bilateral breast reduction surgery on Martinez in 2000. He is board certified as an otolaryngologist and a cosmetic surgeon, and she knew him because he was her daughter’s ear, nose and throat doctor.

After the surgery, Martinez was displeased with the results and filed a proposed complaint against Park and St. Margaret. The medical review panel found Park “failed to comply with the appropriate standard of care as charged in the complaint as it relates to the lack of appropriate recognized post-graduate training and residency in plastic and reconstructive surgery,” and the health care center “failed to comply with the appropriate standard of care as charged in the complaint by granting hospital privileges to a physician who lacked appropriate recognized post-graduate training and residency in plastic and reconstructive surgery.”

Martinez filed a medical malpractice complaint; only her negligence claims are at issue on appeal.

Her complaint raised an issue with regard to the manner in which Park performed the surgery, and Park argued that he didn’t breach the standard of care in which he performed the surgery or provided pre- and post-operative care. The medical review panel opinion and Martinez’s expert affidavit only addressed the fact of the surgery; neither addressed the manner in which he actually performed the surgery itself.

In Ivelisse Martinez v. Jung I. Park, M.D., and St. Margaret Mercy Healthcare Centers, Inc., No. 45A05-1012-CT-799, the appellate court found Martinez failed to come forth with any evidence to rebut Park’s expert opinion that his medical treatment of Martinez met the applicable standard of care. And for Martinez to succeed on her negligent credentialing claim, she must show that the doctor to whom the hospital allegedly negligently extended privileges breached the applicable standard of care in treating Martinez and proximately caused her injuries. Because she failed to rebut the expert testimony that Park didn’t breach the applicable standard of care, St. Margaret can’t be liable for the negligent credentialing of him, the judges held.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

ADVERTISEMENT