Indiana Hospital Wrongful Death Settled for $8 Million
A local hospital has been ordered to pay a patient’s family $8 million after a woman died in its care.
Jurors said a wife and mother of three, didn’t have to die at Community North Hospital. In an exclusive interview, her husband talked with Eyewitness News about losing his wife and winning the court case.
Timothy Plank lost his high school sweetheart and wife Debbie to what he calls a senseless mistake. On her first of three visits to the emergency room at Community North Hospital, Debbie Plank had an X-ray showing minor intestinal blockage.
“She progressively got worse and she ended up passing away December 1st,” said Plank.
The Planks hired attorney Mike Stephenson who eventually learned why Debbie Plank’s health declined so fast.
“She ended up with gangrene in the stomach due to a perforation of the bowel,” said Stephenson.
While the jury only found the hospital at fault and did not find Dr. Joseph Pavlik negligent, the medical review board faulted Dr. Pavlik, one of 14 doctors Plank says his wife went to for help.
“The biggest thing I wanted was an ‘I’m sorry’ from the doctor and the hospital,” said Plank.
According to a medical review board document obtained by Channel 13, Pavlik “failed to comply with the appropriate standard of care.”
But to this day, Mike Stephenson says that first X-ray is nowhere to be found.
“She went to the hospital three times within a week, saw over a dozen doctors and never saw the same doctor twice,” said Stephenson.
“Lack of communication between the doctors lead to her death,” said Plank.
The hospital released the following statement:
“We are saddened by the 2001 death of Debbie Plank and our hearts go out to her family. The well-being of our patients is a top priority while they are in our care. Community Hospital North evaluates processes and procedures to continually improve the delivery of care for our patients in all areas, beginning at the point of admission to discharge. We wish the best for Debbie Plank’s family as they try to move on during this difficult time.”
Tim Plank says even with their $8 million victory in court and its legal cap, he hopes to convince lawmakers to raise malpractice liability.
“The cap of $1,250,000 is set by our legislators,” Plank said.
Source
Indiana Wrongful death cases are usually brought on behalf of the deceased by his or her close family members. Common types of wrongful death cases include:
- Medical mistakes
- Car or airplane accidents
- Criminal attacks
- Work-related exposure to dangerous conditions or substances
- Death during a supervised activity
When your Indiana wrongful death suit goes to court, judges and juries will decide your amount of damages based on pecuniary injury. Meaning how much money the wrongful death cost the family. Damage awards will also include interest from the date the family member died.
In cases where cruelty may have been involved, the courts might also consider punishing the person responsible for the wrongful death. Usually, the laws regarding these punitive damages vary from state to state. Your lawyer will be able to tell you whether punitive damages will be considered. Contact an Indiana Wrongful Death Lawyer Today for a Free Consultation.