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Tuesday, November 16, 2010

Ind. Courts - "Hospital asks court to silence woman's criticism of patient care"

Susan Brown reports today in the NWI Times:

CROWN POINT | Sisters of St. Francis Health Services has filed a defamation suit against a Crown Point woman who e-mailed comments critical of patient care to family and friends.

On Monday, Lake Circuit Court Magistrate Richard McDevitt heard more than two hours of arguments and testimony regarding the health system's request for an emergency restraining order against Nancy Anglis, who has been critical of the care given to her 87-year-old mother-in-law at St. Anthony Medical Center in Crown Point. * * *

Anglis contends her mother-in-law, who also suffers from dementia, was mistreated by two nurses at St. Anthony, one of whom was later disciplined for calling the mother-in-law "evil" during an exchange on the morning of June 30 when Anglis found her mother-in-law missing from her room. * * *

Attorney Donald Wruck, with Wruck Paupore LLC, of Dyer, in representing Anglis, argued the requested restraining order amounts to prior restraint -- a violation of Anglis' constitutional rights to free speech.

The health system emergency motion asks the court to bar Anglis from discussing her mother's treatment with any other person, including regulatory bodies. It also seeks to prevent Anglis from receiving medical care at any facility connected to the health system.

Attorney Robert Anderson, with Krieg DeVault, of Schererville, in representing the health system, argued Anglis was carrying out a vendetta against the two nurses and defaming the hospital.

"While free speech is important, it has some limits," Anderson said, citing the well-known U.S. Supreme Court decision that a person may not yell "fire" in a crowded theater.

Anderson told the court the hospital determined there was no abuse of the mother-in-law.

Putting the defamation issue aside, however, Wruck told the court, "Regardless of the 'facts,' a person has the right to speak out."

Posted by Marcia Oddi on November 16, 2010 02:13 PM
Posted to Indiana Courts