ILNews

Inmate loses negligence suit on appeal

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals affirmed summary judgment for the Adams County sheriff, finding an inmate was unable to make a prima facie case for negligence. The inmate sued after contracting a methicillin-resistant staphylococcus aureus – or MRSA – infection after visiting the hospital.

Adams County Jail inmate Christopher Halterman submitted medical requests concerning boils on his buttock. He went to Adams Memorial Hospital in 2009 for an outpatient surgery. A follow-up check by a nurse practitioner at the jail led to the discovery that Halterman had developed MRSA. This led to multiple surgeries, including a colostomy.

Halterman filed a lawsuit for negligence and included Adams County Sheriff Charles Padgett as a defendant. The defendants moved for summary judgment, which was granted.

At issue in Christopher Halterman v. Adams County Board of Commissioners, Adams County Sheriff, Charles Padgett, Adams County Sheriff's Dept. and Adams County Jail, 01A04-1211-CT-558, is the grant of summary judgment in favor of Padgett and the allowance of an affidavit of Dr. Bev House. The COA ruled that trial court did not abuse its discretion in denying Halterman’s motion to strike the doctor’s affidavit. The doctor reviewed Halterman’s complaint, jail records, hospital records and depositions to make the decision that any different action by the jail would not have prevented the MRSA infection.

“Dr. House relied on the kinds of designated evidence we determined in Bunch (v. Tiwari, 711 N.E. 2d 844, 848 (Ind. Ct. App. 1999)) was appropriate in the medical field, and therefore the trial court did not abuse its discretion when it denied Halterman’s motion to strike Dr. House’s affidavit,” Judge Melissa May wrote.

The judges also agreed with the trial court that the defendants did not cause Halterman’s injuries.

“Halterman has not directed us to any designated evidence that would permit an inference that his injuries were caused by Sheriff Padgett,” May wrote. “In addition, he did not designate any evidence indicating earlier medical intervention or a different treatment strategy would have changed the outcome of his situation.”

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

  2. This article is excellent and should be required reading for all attorneys and would-be attorneys, regardless of age or experience. I've caught myself committing several of the errors mentioned.

  3. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  4. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  5. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

ADVERTISEMENT