ILNews

High court splits in hospital negligence suit

Back to TopE-mailPrintBookmark and Share

The Indiana Supreme Court split on whether a hospital was negligent in letting a woman with injuries possibly caused by domestic violence leave with her alleged abuser, who killed her on the way home after being discharged. The majority affirmed summary judgment in favor of the hospital and treating physician, but the dissenting justices believed the issues should be up to a judge or jury to decide.

In Ava McSwane, as Personal Representative of the Estate of Malia Vandeneede, et al., v. Bloomington Hospital and Healthcare System and Jean M. Eelma, M.D., No. 53S04-0808-CV-420, Chief Justice Randall T. Shepard and Justices Frank Sullivan and Theodore Boehm affirmed summary judgment in favor of the hospital and Dr. Jean Eelma in a medical malpractice suit filed by Malia Vandeneede's mother, Ava McSwane.

Malia and Monty Vandeneede, Malia's ex-husband with whom she still lived, went to Bloomington Hospital for treatment of what Malia said were injuries after she fell off a horse. Monty never left Malia alone with staff except for a few occasions. Her injuries caused a nurse to believe Malia may have been abused, but Malia denied any abuse. The nurse reported the incident to the surgery nurse on duty. Eelma examined Malia and performed her surgery.

McSwane came to the hospital and told staff she believed Malia had been abused by Monty. At her discharge, a nurse told Malia she didn't have to leave with Monty, but she said she wanted to. On their way home, Monty killed Malia in their car and then himself.

McSwane filed a medical malpractice suit on behalf of Malia's estate against the hospital and Eelma. The trial court granted summary judgment in favor of the defendants. A split Indiana Court of Appeals reversed, finding the hospital owed a duty to Malia.

"It is straightforward enough to say that a hospital's duty of care to a patient who presents observable signs of domestic abuse includes some reasonable measures to address the patient's risk," wrote Chief Justice Shepard.

He noted the hospital took several such actions, including direct suggestions that abuse may be the cause of Malia's injuries and letting her know she didn't have to leave with Monty.

The hospital staff couldn't have physically restrained Malia from leaving with Monty because that would interfere with patient autonomy and informed consent, two touchstones of medical malpractice law, the chief justice wrote.

The majority also affirmed that Malia's insistence on leaving with her ex-husband despite offers by hospital staff and her mother's pleas to stay was negligence that contributed to her injury. The hospital claimed Malia was alert and oriented and capable of making her own decisions when she was discharged, despite being on pain medication.

But these issues should have been presented to a trier of fact, wrote Justice Robert Rucker in his dissenting opinion, with which Justice Brent Dickson concurred.

The record showed that Eelma was never informed of the alleged abuse and may have been able to talk to Malia about it when they were alone and before she was heavily medicated. Justice Rucker also questioned whether Malia could have made reasonable decisions given the amount of drugs in her system after the surgery.

"Thus, a fact-finder should determine whether having received general anesthetic, a relaxant, numerous doses of various opiates for pain, and being advised by Hospital not to make any important decisions, Malia was exercising that degree of care that a reasonable person under the same or similar condition would have been expected to exercise when she decided to leave the hospital with her former husband," he wrote.

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Good riddance to this dangerous activist judge

  2. 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.

  3. 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.

  4. 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.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

ADVERTISEMENT