Earlier this month, the federal circuit court of appeals overseeing both the northern and southern districts of Indiana issued an opinion in a medical malpractice case illustrating the importance of expert testimony in Indiana medical malpractice lawsuits. The case was brought to the court by the plaintiff’s appeal, which claimed that the lower court had erred in finding in favor of the defense. However, the appellate court agreed that the testimony of the defendant’s expert witness was supported by the patient’s medical records and that the plaintiff’s expert witness was impeached as to his failure to consult relevant medical literature. As a result, the court affirmed the judgment in favor of the defendant.
The plaintiff was the wife of a man who died shortly after he was admitted into the care of a Veterans Affairs (VA) hospital. Initially, the plaintiff’s husband was at the hospital for routine lab work, but when the results came back abnormal, he was admitted. At the time, the plaintiff’s husband suffered from a number of medical conditions, including morbid obesity, respiratory acidosis, congestive heart failure, chronic obstructive pulmonary disease, obstructive sleep apnea, obesity hypoventilation syndrome, hypertension, and hyperlipidemia.
The plaintiff’s husband was not complaining of anything specific, but the plaintiff told hospital workers that she wanted someone with him at all times because he “was not acting like himself.” The hospital determined that the plaintiff’s husband was not in need of a personal sitter, which is normally only necessary in cases involving psychotic and delirious patients.