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Judges reaffirm 2 Weinberger patients’ psychological evaluations

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In reaffirming a Lake Superior Court decision that granted former doctor Mark Weinberger’s motion that two men suing him undergo psychological examinations, the Indiana Court of Appeals clarified that there is no requirement that a trial court must compel an involuntary psychiatric evaluation when faced with similar facts and circumstances as in the instant cases.

Lake Superior Judge Jeffery Dywan granted Weinberger’s motion for a Trial Rule 35 Psychological Examination pertaining to Mark Ashmann and Jeffrey Riggs. Ashmann and Riggs filed medical malpractice complaints against Weinberger in 2010, claiming Weinberger didn’t comply with applicable standards of care when performing surgeries on their sinus cavities. Both men claim to have suffered and will continue to suffer pain, emotional distress and mental trauma.

In its original not-for-publication decision, the Court of Appeals affirmed Dywan’s ruling, finding the nature of the two men’s claims are more like negligent infliction of emotional distress and their claims of emotional distress are complicated. It also held that Weinberger’s request for a psychological examination to evaluate their claims demonstrated good cause for the evaluations.

On rehearing in Jeffrey Riggs and Mark Ashmann v. Mark S. Weinberger, M.D., Mark Weinberger, M.D., P.C., Merrillville Center for Advanced Surgery, LLC, and Nose and Sinus Center, LLC, 45A03-1109-CT-394, the appellate court clarified that a trial court “may” – not “must” – order an involuntary psychiatric examination when confronted with the facts and circumstances of this case. It also reaffirmed the original opinion in all respects.

 

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  1. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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