Close X

Blog

Michigan City Indiana Medical Malpractice Lawyer|Is A Slip And Fall Malpractice?

Posted by Guy DiMartino | Oct 31, 2014 | 0 Comments

Michigan City Indiana medical malpractice lawyer discusses the 3 reasons why Porter Hospital tried to turn a slip & fall case into a medical malpractice case.

The Facts of the Case

On June 23, 2009, a patient admitted to Porter Hospital f/k/a Porter Memorial Hospital slips, falls on water that was outside the shower area and is injured.  He files a claim against Porter Hospital, which eventually works its way into a lawsuit.  The parties in the lawsuit go through the discovery process where they exchange information and then the hospital files a motion to dismiss the case. Porter Hospital took the position that the claim was a medical malpractice claim and the injured patient did not follow the requirements of Indiana's Medical Malpractice Act.

The trial court granted Porter Hospital's request to dismiss the case finding:

Because Mr. Powell was being treated for leg related circulatory issues, his ability to walk may have been the subject of a medical recommendation, this case falls within the realm of medical malpractice.

The injured patient would have none of that and appealed the trial court's ruling.  The appellate court agreed with the injured person that this was not a medical malpractice case but a simple negligence case.  Click here to read the court's opinion.  Specifically, the appellate court said:

The Powells' complaint alleges only a premises liability claim.  Further, Dennis was not receiving care or treatment at the time of his fall.  He was merely walking to the shower room and slipped on liquid in the hallway.

The 3 Reasons Why Porter Hospital Wanted The Court To Find This A Medical Malpractice Case

  1. Medical malpractice cases are much more involved and require a long, drawn out, presuit process before the Indiana Department of Insurance.
  2. Most Plaintiff's do not get a favorable decision before the Medical Review Panel.
  3. Medical malpractice cases are very expensive and the injured patient's damages may not have supported the costs associated with the claim.

If you have any comments or questions, fill out the internet consultation form on the right hand side of the screen or you can call our Northwest Indiana medical malpractice lawyer at (219) 874-4878.

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and lifes passion is helping the seriously injured receive complete compensation for their injuries. I am a ...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Sample

Book icon 1

Guide To Indiana Car Accident Claims

Navigating The Mine Field

FREE DOWNLOAD

Sample

Book icon 2

Indiana Slip, Trip & Fall Claims

The Inside Story

FREE DOWNLOAD

Sample

Book icon 3

Understanding Indiana Truck Accidents

Frequently Asked Questions

FREE DOWNLOAD