Indiana Accident News

Indiana Supreme Court Sides With Mother In Medical Malpractice Case

The Indiana Supreme Court heard a medical malpractice case in Indianapolis this week regarding a mother who is suing a hospital both for not providing appropriate medical care to her newborn son and for losing her son’s medical records. The Supreme Court Justices who heard the case sided with the mother in the case and not with the trial court’s original judgment.

The case, which was originally heard in Howard Circuit Court, concerns mother Lisa Gordon, who gave birth to her son at Howard Community Hospital. She sued the hospital after her son’s birth, alleging that negligence took place both during the delivery and after-birth care of her son. In addition, she sued for spoliation of evidence, claiming that the hospital lost or destroyed some of her son’s medical records in an attempt to ruin the medical malpractice claim.

What did the Supreme Court decide?

"The Gordons' motion for partial summary judgment sought a finding of liability against the Hospital for the count alleging spoliation. As we have declined to recognize that count as representing a separate cause of action, the Hospital was entitled to summary judgment on that claim and the trial court must be reversed as respects that count," stated Chief Justice Randall T. Shepard, the judge who wrote and delivered the court’s opinion.

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