959 N.E.2d 259
Ind. Ct. App.2011Background
- Martinez underwent bilateral breast reduction by Dr. Park at St. Margaret Mercy in August 2000.
- Medical review panel found Dr. Park breached the standard of care because of insufficient post-graduate plastic surgery training and residency.
- Panel also found the Healthcare Center breached standard of care by granting privileges to an underqualified doctor.
- Martinez filed a 2006 medical malpractice action raising negligence claims against Park and negligent credentialing and fraud against the Center.
- The trial court granted partial summary judgment on negligence claims; discovery disputes and evidentiary issues followed, affecting admissibility of expert opinions.
- In 2009 the trial court granted summary judgment to Park on the negligence claim and to the Center on negligent credentialing; Martinez appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Park is entitled to summary judgment on the medical negligence claim. | Martinez argues genuine issues exist regarding Dr. Park's breach and causation. | Park contends expert evidence shows no breach or causal link. | No; Park's summary judgment was proper; expert evidence did not show breach. |
| Whether the Healthcare Center is entitled to summary judgment on negligent credentialing. | Martinez argues evidence shows negligent credentialing by the Center. | Center asserts lack of proof of underlying doctor breach proximately causing injury. | Yes; Center proper for summary judgment; no proving underlying breach proximately causing injury. |
Key Cases Cited
- Yaney by Yaney Mem'l Hosp., 496 N.E.2d 135 (Ind.Ct.App.1986) (hospital not liable for physician negligence absent negligent credentialing proof)
- Beswick v. Bell, 940 N.E.2d 338 (Ind.Ct.App.2010) (negligent credentialing elements summarized from multiple authorities)
- Winona Mem'l Hosp., LP v. Kuester, 737 N.E.2d 824 (Ind.Ct.App.2000) (negligent credentialing claim requires proof of doctor’s malpractice proximately causing injury)
- Mills v. Berrios, 851 N.E.2d 1066 (Ind.Ct.App.2006) (affidavits alone may create issues of material fact for malpractice claims; need expert testimony addressing standard of care)
- Hamilton v. Ashton, 850 N.E.2d 466 (Ind.Ct.App.2006) (distinction between existence of surgery and manner of performance in assessing liability)