ILNews

Justices reverse ruling against hospital on spoliation claim

Back to TopCommentsE-mailPrintBookmark and Share

Relying on workers’ compensation cases involving first- and third-party spoliation claims, the Indiana Supreme Court has declined to recognize similar claims regarding medical malpractice suits.

Lisa Gordon sued Howard Community Hospital, alleging it committed medical malpractice while caring for and delivering her son, Jacob. In her complaint, she included a count for spoliation, saying the hospital had lost certain medical records associated with her son’s care and the loss made it impossible for her to pursue a medical malpractice claim against one of Jacob’s doctors. The Gordons moved for partial summary judgment against Howard Regional with respect to their third-party spoliation claim, which the trial court granted.

On interlocutory appeal, the Indiana Court of Appeals affirmed, but the justices reversed Wednesday in Howard Regional Health System, et al. v. Jacob Gordon, b/n/f Lisa Gordon, No. 34S02-1009-CV-476. Chief Justice Randall T. Shepard wrote for the majority, addressing whether the spoliation claim falls under the Medical Malpractice Act, requiring a medical review panel to give its opinion before an action against the hospital can begin, and whether the Gordons even have a claim for spoliation.

The majority concluded that the claim falls under the general scope of the Medical Malpractice Act and Indiana’s statute on maintenance of health records does not create a private right to action.

“The Gordons’ underlying claim in Count II alleges medical malpractice because the ‘[m]aintenance of health records by providers’ is so closely entwined with health care and because records in general are so important to a medical review panel’s assessment of whether the appropriate standard of care was met,” wrote the chief justice. “Surely the skillful, accurate, and ongoing maintenance of test and treatment records bears strongly on subsequent treatment and diagnosis of patients. It is a part of what patients expect from health care providers. It is difficult to contemplate that such a service falls outside the Act.”

Relying on Gribben v. Wal-Mart Stores Inc., 824 N.E.2d 349, 350 (Ind. 2005), and Glotzbach v. Froman, 854 N.E.2d 337 (Ind. 2006), which dealt with first- and third-party spoliation claims in worker’s compensation cases, the majority found that the Gordons actually present a claim for first-party spoliation. In Gribben, the high court declined to recognize first-party spoliation claims and instead would address the claims through sanctions. It’s unknown at this point if the Gordons are entitled to any sanctions against the hospital.

Justice Brent Dickson concurred in result, writing, “While I conclude that (a) the Gordons' spoliation claim does not necessarily fall within the constraints of the Indiana Medical Malpractice Act; (b) the undisputed evidence establishes that the Hospital breached its statutory duty to maintain medical records; and (c) the Gordons' claim against the Hospital for loss of records that impairs their claims against the non-Hospital defendants is for third-party, not first-party spoliation; I am nevertheless persuaded that the elements of proximate cause and damages are not established in this third-party spoliation case. It is for this reason that I agree to reverse the grant of partial summary judgment.”

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. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

ADVERTISEMENT