Indiana Supreme Court to hear medical malpractice case
Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
The Indiana Supreme Court has agreed to hear a case involving a medical malpractice lawsuit where an appellate court reversed a $1.3 million judgment awarded to a Methodist Hospital patient.
According to an Indiana Court of Appeals opinion, Zainab Abbas, a physician at Methodist, nurse Morgan Mittler and the hospital appealed the judgment against them in Lake Superior Court.
In the case, Hetep Bilal “Franklyn” Neter-Nu was taken to the emergency room at Gary’s Methodist Hospital in July 2015 for nausea and vomiting and was administered fluids and medications.
A physical therapist evaluated Neter-Nu and reported that he complained of increased pain in his right foot and toes. He experienced a burning sensation in the foot, did not place any weight on the foot, and did not have movement in his right toes.
He was discharged by Abbas.
Neter-Nu was transported to the bus station and rode a bus for about sixteen hours from Gary to Sioux City, Iowa, where his truck had been taken by his employer.
He went to Siouxland Community Health Center a few days later and then visited Mercy Medical Center, where an arterial ultrasound showed no flow in several of the digits of his right foot.
He was referred to the University of Nebraska Medical Center for a second opinion. Neter-Nu underwent a below-the-knee amputation of his right leg on Aug. 19, 2015.
Neter-Nu filed a complaint with the trial court against Abbas, Dr. Clive Alonzo, Mittler, and Methodist Hospital alleging that he underwent the amputation of his right leg due to the damage caused by Mittler’s placement of the IV catheter. Alonzo was later dismissed from the case.
The jury returned a verdict against the defendants in the amount of $11 million. The defendants requested that the verdict be reduced to the statutory maximum of $1,250,000, and Neter-Nu requested prejudgment interest.
The court ordered the defendants to pay prejudgment interest of $79,993 and entered judgment against them in the amount of $1,329,993.
The appellate court reversed the lower court’s order, finding the trial court erred in instructing the jury and that there were other cumulative errors in the case.