« Law - "Ind. AG joins 53 other attorneys general in fight against robo-calls to cell phones" [Updated] | Main | Ind. Courts - More on: Fort Wayne problems collecting parking fines: talks of city court »

Wednesday, December 07, 2011

Ind. Decisions - Court of Appeals issues 4 today (and 9 NFP)

For publication opinions today (4):

In Ivelisse Martinez v. Jung I. Park, M.D., and St. Margaret Mercy Healthcare Centers, Inc., a 22-page opinion, Chief Judge Robb writes:

Dr. Jung Park performed bilateral breast reduction surgery on Ivelisse Martinez at St. Margaret Mercy Healthcare Center (the “Healthcare Center”) in 2000. Martinez thereafter filed a medical malpractice action against both Dr. Park and the Healthcare Center, asserting claims for negligence and fraud. Dr. Park and the Healthcare Center each filed motions for summary judgment. The trial court ultimately granted partial summary judgment to Dr. Park and the Healthcare Center on Martinez’s negligence claims. Martinez appeals the trial court’s decision, raising two issues for our review: 1) whether the trial court erred in granting summary judgment to Dr. Park on her claim for medical negligence; and 2) whether the trial court erred in granting summary judgment to the Healthcare Center on her claim for negligent credentialing. Concluding the trial court properly granted summary judgment to both Dr. Park and the Healthcare Center, we affirm. * * *

Martinez failed to come forth with any evidence to rebut Dr. Park’s expert opinion that his medical treatment of Martinez met the applicable standard of care. The trial court properly granted summary judgment to Dr. Park on Martinez’s medical negligence claim. * * *

We have held above that the trial court properly granted summary judgment to Dr. Park because Martinez failed to rebut the expert testimony that he did not breach the applicable standard of care in pre-operatively, surgically, or post-operatively treating Martinez. Without a showing of an underlying breach of the standard of care by Dr. Park proximately causing Martinez’s injuries, the Healthcare Center cannot be liable for the negligent credentialing of him. The trial court properly granted summary judgment to the Healthcare Center on Martinez’s negligent credentialing claim.

In In the Matter of the Estate of Melissa K. Patrick: Yvonne Griffith v. Jason Patrick , a 10-page opinion, Judge Friedlander writes:
Yvonne Griffith, as the personal representative of the Estate of Melissa K. Patrick (the Estate), appeals the denial of the Estate’s motion to dismiss a petition for survivor’s allowance filed by Melissa’s surviving spouse, Jason Patrick (Patrick). The Estate presents the following restated issue for review: Did the trial court commit clear error in determining that Ind. Code Ann. § 29-1-2-14 (West, Westlaw through end of 2011 1st Regular Sess.) did not divest Patrick of a survivor’s share of the Estate of his late wife, Melissa Patrick (Melissa). We affirm.
NFP civil opinions today (2):

Timothy E. Strowmatt v. Kim Rodriguez (NFP)

John F. Otto, Jr. v. Scott Douglas Woodhams (NFP)

NFP criminal opinions today (7):

A.H. v. State of Indiana (NFP)

Joseph D. Hillenburg v. State of Indiana (NFP)

Paul Hinton v. State of Indiana (NFP)

Nathaniel Jeffers v. State of Indiana (NFP)

Sybron Pinkston v. State of Indiana (NFP)

Jesus D. Zuniga v. State of Indiana (NFP)

Keyone Johnson v. State of Indiana (NFP)

Posted by Marcia Oddi on December 7, 2011 02:45 PM
Posted to Ind. App.Ct. Decisions