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. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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