Posted On: August 3, 2009
EVIDENCE OF PATIENT’S SURVIVAL ODDS ADMISSIBLE IN MEDICAL MALPRACTICE CLAIM
In Atterholt v. Herbst, a patient died as a result of an improper diagnosis. His estate brought a wrongful death action against his medical providers, which was later settled at a level sufficient to allow the estate access to the Patient’s Compensation Fund. During the estate’s proceeding against the Fund, the court held that although negligence and causation is established once an underlying settlement is reached with a qualified healthcare provider, the Fund may introduce evidence of the claimant’s preexisting risk of harm, survival odds, and their ability to work if the evidence is relevant to establish the amount of the claimant’s damages. Atterholt v. Herbst, 902 N.E.2d 220 (Ind. 2009).
