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. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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