ILNews

Hospital duty to patients case granted transfer

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court granted transfer Thursday to a case in which judges were split on the duty a hospital owed to patients to prevent possible harm by refusing to release them to a suspected abuser.

The high court agreed to take Ava McSwane and Danielle Hays v. Bloomington Hospital and Healthcare System and Jean M. Eelma, M.D., No. 53A04-0705-CV-243, to decide what duty Bloomington Hospital owed to Ava McSwane's daughter, Malia Vandeneede, once it suspected Vandeneede came to the hospital with injuries from domestic abuse. Vandeneede was killed on the way home from the hospital by her ex-husband after she told hospital staffers she wanted to go home with him, even though the ex-husband was suspected of inflicting the injuries that sent Vandeneede to the hospital in the first place.

The majority ruled there may be occasions when a hospital has a duty to not discharge a patient to the care of a suspected abuser, and hospitals owe a duty to protect their patients, even from people who aren't affiliated with the hospital.

Chief Judge John Baker dissented, saying he found the rationale used by the majority was fundamentally flawed.

The Supreme Court also granted transfer this week to two other cases, Kerry L. Meredith v. State of Indiana, No. 89A04-0703-CR-148 and Estate of Margaret H. Prickett v. Marilyn Prickett Womersley, No. 71A03-0710-CV-488.

In Meredith, the appellate court reversed Kerry Meredith's conviction of possession of cocaine and found the trial court erred in admitting evidence of cocaine found in his car into trial. Meredith was pulled over because a police officer couldn't read the expiration date of his temporary license plate. Once the officer discovered the plate wasn't expired, instead of letting Meredith go, he asked Meredith to search his vehicle. Meredith consented and the officer found cocaine. The Court of Appeals determined once the officer discovered the plate wasn't expired, he should have let Meredith go.

In Prickett, the Court of Appeals affirmed the denial of summary judgment regarding Marilyn Womersley's claim for compensation and reimbursement for time she spent caring for her mother. The appellate court also affirmed the denial of the estate's claim for summary judgment and remanded for further proceedings because there was a genuine issue of material fact as to whether the services Womersley provided to Margaret Prickett were necessities.
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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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