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Justices rule on Journey’s Account Statute

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The Indiana Supreme Court believes general negligence claims filed with the Indiana Department of Insurance can continue an action already filed in state court relating to medical malpractice issues.

A unanimous decision came today in Suzanne Eads and James Atterholt v. Community Hospital, No. 45S03-1001-CV-33, reversing a ruling by Lake Circuit Judge Lorenzo Arredondo that was affirmed last year by the Indiana Court of Appeals.

In a split decision in July 2009, the appellate court had determined the state’s Journey's Account Statute did not apply to a woman's medical malpractice claim filed after the two-year statute of limitations expired. The two-judge majority affirmed summary judgment in favor of the hospital in Suzanne Eads' medical malpractice claim. Eads' leg was put in a cast and her request for a wheelchair was denied so she left the hospital on crutches. She fell in a foyer area and injured her back and left hand.

She originally filed a negligence complaint against the hospital nearly two years after the fall. In 2007, the hospital argued the suit should be dismissed because it was a medical malpractice claim that had to be filed before the Indiana Department of Insurance. Eads then filed the proposed medical malpractice claim with the IDOI, relying on the same facts as the negligence case.

While the trial and appellate court ruled against Eads, the justices found in her favor.

“We agree that a medical malpractice claim is in some respects, as the Court of Appeals put it, ‘wholly different’ from a general negligence claim,” Justice Theodore Boehm wrote. “But we do not agree that the differences between the two are the ‘source of the liability.’ The MMA does not create a new cause of action. It merely requires that claims for medical malpractice that are recognized under tort law and applicable statutes be pursued through the procedures of the MMA.”

Noting that the law requires those claims be brought no later than three years after the termination of the first action or the statute of limitations, the JAS applies here and has a different limitation period, Justice Boehm wrote.

The justices also discounted one of the hospital’s arguments, which was that this JAS requirement wasn’t met because the hospital didn’t have notice of the financial exposure presented by the claim.

“The Hospital says it establishes reserves for claims sounding in general negligence differently than it establishes reserves for those sounding in medical malpractice,” he wrote. “This may be true, but the MMA itself generally prohibits a request for specific damage awards in the proposed IDOI complaint. I.C. § 34-18-8-3. To the extent there is a difference in reserves due to the caps on medical malpractice recovery or other procedural differences in medical malpractice cases, these are matters of law that the Hospital is equipped to evaluate for itself.”
 

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  1. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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