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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. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

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