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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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