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Tuesday, April 24, 2007
Ind. Decisions - "Appeals court sides with doctor"
The Court of Appeals decision Friday in Linda Palmer v. Comprehensive Neurologic Services (see ILB entry here) is the subject of a story today by John Tuohy in the Indianapolis Star. Some quotes:
The doctor who treated a Hendricks County Council member before he died in 2000 will not have to pay damages, the Indiana Court of Appeals ruled.A Hendricks County jury had awarded $375,000 to the estate of H. Hunt Palmer following a malpractice lawsuit against Dr. Mark A. Muckway, Avon, in September 2005.
But Judge Jeffrey Boles reduced the amount to zero because Palmer’s family had reached two out-of-court monetary settlements with other defendants in the lawsuit before the trial. Terms of those settlements were not made public.
Under a malpractice provision known as “set-off,” Boles ruled that Muckway gets credit for those agreements and that Palmer’s claims are satisfied by them. The appellate court agreed, even though the jury found that Muckway and Comprehensive Neurological Services, Avon, had erred in treating Palmer.
The appeals court affirmed Boles’ ruling in an 18-page opinion Friday.
Posted by Marcia Oddi on April 24, 2007 09:47 AM
Posted to Ind. App.Ct. Decisions