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Friday, January 15, 2016

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 1 NFP memorandum decision(s))

For publication opinions today (1):

In Debra R. Sorrells v. Karen Reid-Renner, M.D., an 11-page opinion, Judge Crone writes:

Debra R. Sorrells filed a medical malpractice complaint against Karen Reid-Renner, M.D. (“Dr. Reid-Renner”), alleging that Dr. Reid-Renner failed to communicate to her the results of a blood test which were indicative of her early-stage leukemia. Sorrells claimed that this resulted in a delay in diagnosis which, in turn, caused her injury and damages. Sorrells submitted her claim to a medical review panel as required by Indiana law. The panel opined that Dr. Reid-Renner indeed breached the applicable standard of care. However, the panel also opined that such breach was not a causative factor in any resultant injury or damages. Dr. Reid-Renner moved for summary judgment based upon the panel’s opinion as to lack of causation. Sorrells responded by coming forth with expert testimony to rebut the panel’s opinion. Following a hearing, the trial court entered summary judgment in favor of Dr. Reid-Renner. Concluding that Sorrells met her burden to establish that a genuine issue of material fact remains for trial, we reverse. * * *

In sum, we conclude that Dr. Dayton’s expert testimony, when viewed in the light most favorable to Sorrells, is sufficient to demonstrate a genuine issue of material fact as to whether Dr. Reid-Renner’s alleged negligence was the proximate cause of the injuries and damages complained of. Those injuries and damages include additional aggressive and expensive medical treatments and procedures that would have been unnecessary had Dr. Reid-Renner complied with the applicable standard of care, as well as the emotional distress suffered as a result of the chain of events that transpired. Based upon the record before us, we consciously choose to err on the side of letting this case proceed to trial on the merits, rather than risk short-circuiting a meritorious claim. See Hughley, 15 N.E.3d at 1004. The trial court’s entry of summary judgment is reversed.

NFP civil decisions today (0):

NFP criminal decisions today (1):

Melvin Duarte v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on January 15, 2016 10:18 AM
Posted to Ind. App.Ct. Decisions