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Denial of summary judgment affirmed in wrongful death case

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A doctor and a South Bend healthcare facility must stand trial on a wrongful death claim, the Indiana Court of Appeals held Wednesday, affirming a trial court’s denial of summary judgment.

Leslie Wren died of acute mixed drug intoxication in 2008 as she recovered from total abdominal colectomy with proctectomy and ileostomy performed due to complications from Crohn’s colitis.

In James E. Whitfield, M.D. and St. Joseph Primary Care, LLC v. Jerry Wren, Individually and As Personal Representative of The Wrongful Death Estate of Leslie Wren, et al., 34A02-1307-CT-660, Whitfield, who was director of the rehabilitation center where Wren died, claimed on interlocutory appeal that the trial court erred in denying summary judgment. Wren’s estate has named multiple other defendants in the wrongful death suit who are not parties to the instant case.

The court noted that a doctor provided an affidavit to a medical review panel asserting his opinion that Whitfield’s performance “was a breach in the standard of care and more likely than not caused or contributed to Leslie Wren’s death.”

“Wren’s Submission specifically stated that it was Dr. Whitfield’s responsibility ‘to intervene if something were to go wrong with Leslie’s fluid and electrolyte balance, blood sugars, and general medical condition,’ and accordingly it appears that among the defendant parties, the statement was directed to Dr. Whitfield. In any event, it is clear that evidence relevant to this breach was presented to the Panel as required by the Act,” Judge Elaine Brown wrote for the panel.




 

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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