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Tuesday, June 02, 2015

Ind. Decisions - Supreme Court decides one today

In Rebecca Stafford, Individually and as Surviving Parent of Drayden Powell, Deceased, and Drayden Powell, Deceased v. James E. Szymanowski, M.D. and Gyn, Ltd., Inc., an 8-page, 5-0 opinion, Justice Dickson writes:

This appeal challenges entries of summary judgment in a medical malpractice action al-leging negligence in the care and treatment of a patient during her pregnancy, resulting in the death in utero of her unborn child. We reverse the grant of summary judgment for the plaintiff's physician but affirm the grant of summary judgment for the clinic that provided her care. * * *

Finding a genuine issue of material fact as to whether Dr. Szymanowski breached the standard of care in his treatment of patient but no properly designated evidence establishing vicar-ious liability as to GYN, we reverse the grant of summary judgment for Dr. Szymanowski but affirm the grant of summary judgment for GYN. As to the claim for damages under the CWDS, we summarily affirm the Court of Appeals. Ind. Appellate Rule 58(A).

Posted by Marcia Oddi on June 2, 2015 11:06 AM
Posted to Ind. Sup.Ct. Decisions