ILNews

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. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  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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