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. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.