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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. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

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  3. She must be a great lawyer

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