Medical Malpractice Defense

Medical Malpractice Defense

Medical malpractice matters in the State of Indiana come in a variety of forms and proceed in a variety of forums.  The members of the Cline Law Group are experienced in handling cases that proceed under the unique requirements of the Indiana Medical Malpractice Act before the Medical Review Panel as well as those that initiate in the courts of the State of Indiana.  No matter where the litigation begins, every action may end in trial.  The experienced litigators of the Cline Law Group are prepared to defend healthcare providers in the courtroom and before the appellate courts.  And while the legal defense of a medical negligence claim is paramount, the entire team at the Cline Law Group understands and appreciates that allegations made against healthcare professionals are very personal.  All clients are treated with the utmost respect and attention to their needs in the litigation process.  Clients are kept informed and involved in the defense of their case.

Representative Trials

Hassler v. Lentini, Lawrence Superior Court, Medical Malpractice Action against orthopedic surgeon for failure to properly perform ORIF of arm fracture.  Medical Review Panel Opinion:  Breach, resulting in injury.  Last demand before trial:  $60,000.  Verdict for Plaintiff:  $24,000. 

Wright v. Humbert, Vanderburgh Circuit Court, Medical Malpractice Action against cardiologist for failure to properly respond to signs of digitalis toxicity.  Medical Review Panel Opinion:  No breach.  Last demand before trial:  access to Patient’s Compensation Fund.  Verdict for Defendant. 

Dughaish v. Cobb, Vanderburgh Superior Court, Medical Malpractice Action against obstetrician for failure to monitor patient for gestational diabetes and deliver macrosomic infant by cesarean delivery resulting in shoulder dystocia and brachial plexus injury.  Medical Review Panel Opinion:  Breach, unable to determine if it was a factor in injury.  Last demand before trial: access to Patient’s Compensation Fund.  Verdict for Defendant.  Verdict upheld on appeal in Dughaish v. Cobb, 729 N.E.2d 159 (Ind. Ct. App. 2000), trans. denied

Sanford v. Welborn Clinic, Vanderburgh Superior Court, Medical Malpractice Action against clinic for failure to prevent elderly patient from falling from examination table following EKG resulting in knee fracture and overall decline.  Medical Review Panel Opinion:  Question of Fact.  Last demand before trial:  access to Patient’s Compensation Fund.  Verdict for Defendant. 

Widdig v. McCallum, Johnson Circuit Court, Medical Malpractice Action against Urologist for failure to properly perform kidney stone extraction procedure resulting in ruptured urethra necessitating urethral reconstruction.  Medical Review Panel Opinion:  Split – Breach/No breach.  Last demand before trial:  $50,000.  Verdict for Defendant. 

Holtrey v. Matria, USDC Southern District of Indiana, Medical Malpractice Action against home health agency for failure to properly monitor PICC line resulting in thrombus.  Non-Qualified Provider.  Last Offer before trial, structure in excess of $300,000.  Verdict for Defendant. 

Jeter v. Absi, Wayne Superior Court, Medical Malpractice Action against orthopedic surgeon for nerve injury during carpal tunnel surgery.  Medical Review Panel Opinion:  Adverse to Physician.  Verdict for Defendant.

Summit v. Ditslear, Marion Superior Court, Medical Malpractice Action against general surgeon for nerve injury during lymph node biopsy.  Medical Review Panel Opinion:  Adverse to Physician.  Verdict for Defendant.

Petraits v. Brown, Marion Superior Court, Medical Malpractice Action against two OB/GYNs for alleged negligence in post-operative care wherein patient developed necrotizing fasciitis resulting in death.  Medical Review Panel Opinion:  Variation, split opinion on liability and causation.  Verdict for all Defendants.

Doss v. BHC Meadows Hospital, Monroe Circuit Court, Professional Negligence Action against mental health facility for public disclosure of private facts.  Clear liability.  Action fell outside Indiana Medical Malpractice Act.  Last Offer before trial: $150,000.  Demand to Jury:  $2.2 Million.  Verdict for Defendant for 2 of 3 plaintiffs.  Third Plaintiff assessed 45% fault.  Judgment of $200,000 reduced to $110,000 with fault assessment. 

Elliott v. Haak, Hendricks Superior Court, Medical Malpractice Action against GYN surgeon for alleged negligence during TAHSO procedure resulting in ureter injury.  Medical Review Panel Opinion:  Favorable to Physician.  Verdict for Defendant.

Timbrook v. Micon, Marion Superior Court, Medical Malpractice Action against general surgeon and spine surgeon for ureter injury following spinal fusion procedure.  Medical Review Panel Opinion:  Adverse to General Surgeon.  Verdict for Plaintiff.

Cunningham v. Advanced Correctional Healthcare, Inc. and Stephen Wojcik, Hendricks Superior Court No. 4, Action for alleged sexual battery of inmate by nurse employed by corporate entity providing medical services to jail.  No offer prior to trial.   Verdict for Defendant. 

Snow v. Carter, Marion Superior Court, Medical Malpractice Action against nephrologist for alleged negligence in hypotension management in patient with ESRD and receiving peritoneal dialysis.  Medical Review Panel Opinion:  Favorable to Physician.  Verdict for Defendant.

Smith v. RHI, Marion Superior Court, Premises Liability Action against rehabilitation hospital for failure to maintain safe premises.  Plaintiff alleged automatic door closed on her resulting in a fall and hip fracture.  Judgment for Defendant. 

Bauserman v. Patient’s Compensation Fund, Marion Circuit Court, represented Commissioner, Indiana Department of Insurance in action for excess damages against PCF.  Underlying claim against long term care facility for failure to maintain secure premises resulting in elopement and death of resident. 

Oakley v. Patient’s Compensation Fund, Marion Superior Court, represented Commissioner, Indiana Department of Insurance in action for excess damages against PCF.  Underlying claim against provider for negligence in shoulder dystocia delivery. 

Brewer v. Patient’s Compensation Fund, Clark Circuit Court, represented Commissioner, Indiana Department of Insurance in action for excess damages against PCF.  Underlying claim against provider for negligent delivery resulting in brain injury to infant. 

Winkle v. Patient’s Compensation Fund, Marion Superior Court, represented Commissioner, Indiana Department of Insurance in action for excess damages against PCF.  Published appellate opinion:  Indiana Patient’s Compensation Fund v. Winkle, 863 N.E.2d 1 (Ind. Ct. App. 2007), reh’g denied.  Underlying claim against provider for failure to recognize thiamine deficiency in pregnancy resulting in still birth and injury to mother. 

Butcher v. Patient’s Compensation Fund, Marion Superior Court, represented Commissioner, Indiana Department of Insurance in action for excess damages against PCF.  Published appellate opinion:  Indiana Patient’s Compensation Fund v. Butcher, 863 N.E.2d 11, (Ind. Ct. App. 2007).  Underlying claim against provider for delay in delivery of infant resulting in death of infant. 

Robinson v. Atterholt, Marion Superior Court, represented Commissioner, Indiana Department of Insurance in action for excess damages against PCF.  Published appellate opinion:  Atterholt v. Robinson, 872 N.E.2d 633 (Ind. Ct. App. 2007).  Underlying claim against long term care facility for failure to prevent, recognize and treat pressure ulcers.  Opposing Counsel:  George Clyde Gray, Indianapolis, IN.

Hudson v. Patient’s Compensation Fund, Marion Superior Court, represented Commissioner, Indiana Department of Insurance in action for excess damages against PCF.  Underlying claim against long term care facility for negligent care and failure to diagnose resident’s hip fracture following fall. 

Dickson v. Patient’s Compensation Fund, Marion Superior Court, represented Commissioner, Indiana Department of Insurance in action for excess damages against PCF.  Underlying claim against long term care facility for negligent care resulting in a fall and hip fracture. 

Carpenter v. Patient’s Compensation Fund, Marion Superior Court, represented Commissioner, Indiana Department of Insurance in action for excess damages against PCF.  Underlying claim against provider for negligence resulting in below knee amputation. 

Hopper v. Patient’s Compensation Fund, Marion Superior Court, represented Commissioner, Indiana Department of Insurance in action for excess damages against PCF.  Underlying claim against provider for failure to timely diagnose breast cancer. 

Shields v. Patient’s Compensation Fund, Marion Superior Court, represented Commissioner, Indiana Department of Insurance in action for excess damages against PCF.  Underlying claim against provider for negligence resulting in partial blindness. 

Cannon v. Patient’s Compensation Fund, Marion Superior Court, represented Commissioner, Indiana Department of Insurance in action for excess damages against PCF.  Underlying claim against provider for failure to properly perform podiatric procedure resulting in loss of great toe. 

Black v. Patient’s Compensation Fund, Porter Superior Court, represented Commissioner, Indiana Department of Insurance in action for excess damages against PCF.  Underlying claim against provider for failure to timely diagnose heart attack resulting in serious heart damage and need for heart transplant. 

Green v. Patient’s Compensation Fund, Marion Superior Court, represented Commissioner, Indiana Department of Insurance in action for excess damages against PCF.  Underlying claim against provider for negligence in gynecological procedure resulting in death. 

Tatum v. Patient’s Compensation Fund, Marion Superior Court, represented Commissioner, Indiana Department of Insurance in action for excess damages against PCF.  Underlying claim against provider for negligence resulting in pressure ulcer and below knee amputation.  Demand prior to trial:  $1,000,000.  Judgment:  $350,000.

Meeks v. Patient’s Compensation Fund, Marion Superior Court, represented Commissioner, Indiana Department of Insurance in action for excess damages against PCF.  Underlying claim against provider for negligence resulting in pressure ulcer and surgical removal of a portion of the heel.    Demand prior to trial:  $500,000.  Judgment:  $150,000.

Angel v. Patient’s Compensation Fund, Vanderburgh Circuit Court, Indiana, represented Commissioner, Indiana Department of Insurance in action for excess damages against PCF. 

Patrick v. Patient’s Compensation Fund, Marion County, Indiana, represented Commissioner, Indiana Department of Insurance in action for excess damages against PCF. 

Decker v. Patient’s Compensation Fund, Lake County, Indiana, represented Commissioner, Indiana Department of Insurance in action for excess damages against PCF.  Long term fall case. 

Vildozola v. Patient’s Compensation Fund, Marion County, Indiana, represented Commissioner, Indiana Department of Insurance in action for excess damages against PCF. 

Smithson v. Patient’s Compensation Fund, Marion County, Indiana, represented Commissioner, Indiana Department of Insurance in action for excess damages against PCF. 

Gilbreath v. Patient’s Compensation Fund, Marion County, Indiana, represented Commissioner, Indiana Department of Insurance in action for excess damages against PCF. 

Everhart v. Patient’s Compensation Fund, Vigo County, Indiana, represented Commissioner, Indiana Department of Insurance in action for excess damages against PCF.