Does duty stop at door?

August 1, 2008
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The Indiana Supreme Court granted transfer yesterday to a case that will have implications on a hospital’s duty to protect its patients from suspected abusers. Indiana Lawyer Daily wrote about the case in March when the majority of the Indiana Court of Appeals ruled that a hospital has a duty to protect patients from abusers. The case stems from the murder of a woman by her ex-husband after she was released from the hospital. Hospital staff suspected the injuries were caused by the ex-husband, but the woman denied any abuse when questioned, declined to stay in the hospital, and chose to leave with her ex-husband.

The court decision led to a dissent by Chief Judge John Baker who believed the majority erred in finding the hospital had a duty to the woman, saying the majority didn’t address how far the duty extends. He questions how far would the hospital have to go to keep people in the hospital – locking them in a room, or drugging them – in order to prevent them from leaving with suspected abusers.

If and how the Supreme Court rules on this case could create new issues of liability for hospitals regarding its patients. Many victims of domestic violence fear calling attention to their abuse or turning in their abuser. Hospitals have protocols to follow regarding cases of suspected abuse, which may not have been completely followed in this case. But if a suspected victim of domestic violence is of sound mind (something that is up for debate in the opinion) and voluntarily leaves with her suspected abuser, should the hospital be held responsible for future injuries or death? Should the duty of the hospital extend beyond the hospital’s door?
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  1. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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