Summary judgment proper on issue of causation, COA rules

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The Indiana Court of Appeals has affirmed summary judgment in favor of a doctor sued by a patient who claimed a delay in a diagnosis caused him to have increased pain and problems. The evidence doesn’t establish a genuine issue of material fact on the issue of causation.

Joseph Laycock was stabbed in the thigh with a red-hot welding wire at work and immediately treated by a work clinic nurse under the supervision of Dr. Joseph Sliwkowski. Three days later, Laycock went back to the clinic because of tightness and pain in his thigh. He was sent home and the next day, he went to the emergency room because of unbearable pain. He was diagnosed with compartment syndrome and underwent surgery for the condition.

Laycock filed a proposed medical malpractice complaint with the Department of Insurance, and a medical review panel unanimously ruled in favor of Sliwkowski. A year later, Laycock sued the doctor, alleging he had a duty to exercise reasonable care to see that Laycock obtained proper treatment.

Laycock’s expert witness, Dr. Herbert Hermele, testified that while it is important in general to not delay treatment regarding compartment syndrome, he could not say in Laycock’s case that his condition was worse because of the 24-hour delay in treatment.

The trial court granted Sliwkowski’s motion for summary judgment.

Laycock claimed on appeal there are questions of fact related to causation regarding the second time he went to the clinic regarding his thigh. He argued that the  approach outlined in Mayhue v. Sparkman, 653 N.E.2d, 1384, 1386 (Ind. 1995), should apply in his case, but the Court of Appeals judges rejected his claim. There is no claim or evidence that he had a 50 percent or worse chance of recovery from the original injury, so Mayhue is not applicable. Thus, traditional causation principles apply.

Hermele’s testimony was not sufficient to create a genuine issue of material fact regarding whether Sliwkowski’s treatment was the proximate cause of Laycock’s injuries, so the appeals panel upheld summary judgment for the doctor in Joseph Laycock v. Joseph Sliwkowski, M.D., 79A04-1310-CT-521.


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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

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