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Medical malpractice

July 18, 2012
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Trial Report

Trial Reports: Reports on recent Indiana cases from the lawyers and judges involved. Submit a trial report at www.theindianalawyer.com/submit-trial-reports.

Medical malpractice

Resa v. Greathouse-Williams, et al.

Lake County Superior Court

Case Number: 45D02-0902-CT-00039

Injuries: Rupture of diverticulitis with subsequent surgery, colostomy and reversal

Court Date: June 11-14, 2012

Trial Type: Jury

Judge: Hon. Calvin Hawkins

Disposition: Defense verdict

Plaintiff attorney: Daniel Vinovich, Hilbrich Law Firm

Defendant Attorneys: Louis Voelker and Carly Brandenburg of Eichhorn & Eichhorn LLP

Insurance: The Doctors Company

Case Information: Plaintiff received a split panel opinion during the proceedings before the Indiana Department of Insurance. At trial, plaintiff contended that the defendant family practitioner breached the standard of care by failing to diagnose the plaintiff with diverticulitis during an urgent care appointment on May 11, 2006. Two days later, on May 13, 2006, the plaintiff presented to a hospital with a ruptured colon. He required surgery, a colostomy for nearly one year, and then a reversal procedure. The defense submitted evidence to show that the defendant physician was reasonable in diagnosing kidney stones rather than diverticulitis at the time the patient presented. The patient did, in fact, have kidney stones in addition to diverticulitis on May 11, 2006. The defense also presented evidence to show that the patient’s rupture (and therefore surgeries) were unavoidable, even had the diagnosis been made upon the patient’s presentation to the urgent care clinic, given the time frame involved and the speed with which his condition progressed. Ultimately, the jury returned a verdict for the defense after deliberating for approximately 35 minutes.•

Submitting Attorney: Carly Brandenburg

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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