After a jury returned a verdict in favor of the doctor in a medical malpractice case, an estate executor appealed on two questions of abuse of discretion: limitations on the scope of questions during the defendant’s deposition, and refusal of jury instructions tendered by the plaintiff. The Indiana Court of Appeals affirmed the trial court’s verdict in Ruble v. Thompson, finding that the court did not abuse its discretion on any of the points raised on appeal.
Larry Ruble filed suit against Dr. Lori Thompson as an individual and on behalf of the estate of his wife, Natasha Ruble. According to the Court of Appeals’ opinion, Dr. Thompson first saw Natasha during her first day of practice after completing her residency in September 1998. Natasha was fifteen years old at the time and sought treatment for abdominal pain. Dr. Thompson reportedly saw Natasha in about twenty appointments over the following forty-six months. A physician’s assistant working for Dr. Thompson requested a CT scan in July 2002, which revealed that Natasha had advanced liver cancer. The scan showed an eighteen-centimeter cancerous lesion, although CT scans and other diagnostic tools can detect lesions as small as one centimeter. Trial experts testified that Natasha had about a five percent chance of survival by the time she was diagnosed, and that her chances would have been as high as fifty percent had diagnosis occurred a year earlier.
Natasha died on April 30, 2004, having married Larry Ruble on March 15, 2003. Larry filed a proposed malpractice complaint against Dr. Thompson with the Indiana Department of Insurance and a state court lawsuit in July 2004. He alleged that Dr. Thompson negligently failed to follow accepted standards of care in her treatment of Natasha, resulting in her death.