Indiana Medical Malpractice Lawyer Blog

The Indiana medical malpractice lawyers of Garau Germano Hanley & Pennington, P.C.recently argued an important case before the Indiana Supreme Court. The issue raised in the case is whether family members who witness the death or injury of their loved one as a result of medical malpractice may recover for their emotional distress under Indiana's Medical Malpractice Act.

The case presented to the supreme court is Indiana Patient's Compensation Fund v. Gary Patrick. In the case, Gary Patrick watched as his son died before his eyes as a result of medical malpractice. Mr. Patrick was represented by Garau Germano Hanley & Pennington, P.C. in the trial court and was awarded $600,000 for his emotional distress claim. In addition, Mr. Patrick was awarded $316,531.66 on a separate claim under Indiana's Adult Wrongful Death Statute, the maximum award permitted under that statute.

The Indiana Patient's Compensation Fund appealed the trial court's judgment, arguing that Mr. Patrick was not permitted to recover for his emotional distress damages under the malpractice act. The Indiana Court of Appeals affirmed the trial court's judgment. The supreme court then agreed to take the case and heard arguments from the lawyers on November 12, 2009. The complete argument before the supreme court may be viewed on the player below.

The supreme court is expected to issue its decision within the next few months.

If you or a loved one has a potential medical malpractice case, contact the Indiana medical malpractice attorneys at Garau Germano Hanley & Pennington, P.C. for a free consultation.

A major issue in Indiana medical malpractice law will be presented to the Indiana Supreme Court on November 12. On that date, the court will hear arguments in the case of Indiana Patient's Compensation Fund v. Patrick. Among the issues presented by the case is the question of whether emotional distress claims may be pursued under the Indiana Medical Malpractice Act.

In the Patrick case, Gary Patrick witnessed the death of his adult son, Christopher, as a result of medical malpractice. Because Christopher had no wife or dependent children, recovery for his death was limited under Indiana law to $300,000 plus funeral and burial and medical expenses. However, Gary contended that he was entitled to bring a claim for his own emotional distress in addition to the claim for the death of his son. The trial court agreed and awarded Gary the maximum amount allowable for the death of his son, plus an additional $600,000 for Gary's independent emotional distress claim. The total judgment was $916,531.66. The Indiana Patient's Compensation Fund appealed, arguing that the emotional distress claim could not be pursued under Indiana's Medical Malpractice Act. The trial court's ruling was affirmed by the court of appeals and the supreme court has now agreed to hear the case.

If the Fund's argument is accepted by the supreme court, it will effectively give doctors immunity for a number of claims. Indiana medical malpractice lawyers Garau Germano Hanley & Pennington, P.C. are representing Gary Patrick and will be arguing the case before the supreme court.

Indiana medical malpractice victims have won a major victory in the Indiana Court of Appeals. In its decision in Patrick v. Indiana Patient's Compensation Fund, the court held that family members who witness the death of a loved one may recover for their emotional distress under the Indiana Medical Malpractice Act.
In the Patrick case, Gary Patrick witnessed the gruesome death of his adult son, Christopher, as a result of medical malpractice. Because Christopher had no wife or dependent children, recovery for his death was limited under Indiana law to $300,000 plus funeral and burial and medical expenses. However, Gary contended that he was entitled to bring a claim for his own emotional distress in addition to the claim for the death of his son.
The trial court agreed and awarded Gary the maximum amount allowable for the death of his son, plus an additional $600,000 for Gary's independent emotional distress claim. The total judgment was $916,531.66. The Indiana Patient's Compensation Fund appealed, arguing that the emotional distress claim could not be pursued under Indiana's Medical Malpractice Act. The court of appeals disagreed, finding that "Patrick could bring an independent claim for negligent infliction of his emotional distress upon Christopher's death."
Gary Patrick was represented in the trial court and on appeal by Deborah Pennington and Jerry Garau of Garau Germano Hanley & Pennington, P.C.

Medical errors can often cause severe physical injuries.  However, the physical toll caused by medical malpractice is often exceeded by the emotional toll.  In Indiana, lawyers for health care providers and their insurers are currently arguing that doctors and hospitals should be immune from claims for emotional distress resulting from medical malpractice.  Our law firm, Garau Germano Hanley & Pennington, P.C., is fighting to protect patients' rights to recover for their emotional injuries.

The battle is being waged in a case before the Indiana Court of Appeals.  The case is Patrick v. Indiana Patient's Compensation Fund.  In January of 2002, Gary Patrick's son Christopher, was injured in car accident.  Christopher was discharged from the hospital shortly after the accident despite continued complaints of pain and a tremendous amount of abdominal swelling.  Hours after Gary took his son home, Gary heard his son cry out from his bedroom.  Gary ran to the room to find his son vomiting blood as a result of internal injuries that were undiagnosed at the hospital.  Gary watched as his son died before his eyes.

Our law firm pursued Gary's claim against the Indiana Patient's Compensation Fund.  Under Indiana law, the maximum amount that can be recovered for the death of an adult who leaves behind no dependents is $300,000 (Ind.Code 34-23-1-2).  We argued that in addition to the claim for his son's death, Gary also had a separate claim for the emotional distress he experienced as a result of witnessing his son's death.  After a trial in Indianapolis, the trial court agreed and awarded Gary the maximum of $300,000 for the death of his son, $16,531.66 for medical and funeral expenses, and an additional $600,000 for Gary's separate emotional distress claim.

On appeal, the Patient's Compensation Fund is arguing that Gary cannot bring a separate claim for his emotional distress.  The Fund contends that such claims are not recoverable under the Indiana Medical Malpractice Act because they are not claims for "bodily injury or death." 

The Indiana Court of Appeals will hear oral argument on this case at 3 p.m. on March 3, 2009.  The oral argument will take place at Baxter Hall on the campus of Wabash College in Crawfordsville.  Jerry Garau of Garau Germano Hanley & Pennington, P.C. will argue for Mr. Patrick.