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Wednesday, November 11, 2009

Ind. Decisions - Fort Wayne family's "Malpractice case can proceed: Court says facts about ’04 death allow for reversal"

Yesterday's COA decision in the case of Dharam Bhatia v. Anuradha Kollipara, M.D. (ILB entry here) is the subject of a story today by Niki Kelly in the Fort Wayne Journal Gazette. Some quotes:

INDIANAPOLIS – The family of a Fort Wayne woman who died in 2004 won a court ruling from the Indiana Court of Appeals on Tuesday allowing their medical malpractice suit to go forward.

Allen Superior Court Judge Stanley Levine previously dismissed the case against Dr. Anuradha Kollipara, granting summary judgment in her favor this year.

But the family of Parminder Kaur Bhatia argued there are factual issues in dispute and the case should be allowed to go to trial.

According to court records, Bhatia went to Kollipara – a doctor in internal medicine – from 2000 through 2004. Medical charts during that time indicate the doctor recommended Bhatia schedule a Pap smear, a test designed to diagnose cervical cancer. * * *

Bhatia’s husband filed a medical malpractice complaint with the Indiana Department of Insurance, claiming Kollipara failed to advise Bhatia to get a Pap smear.

A state medical review panel said the evidence didn’t show Kollipara failed to comply with the accepted standard of care.

The family then sued in court, presenting evidence from a forensic document examiner alleging that a different pen had been used to make entries on Pap smear recommendations on three of six reports.

And Bhatia’s husband and daughter filed affidavits that said they accompanied her to the doctor on all occasions and Kollipara never recommended a Pap smear.

The appellate court ruled that the family had brought enough evidence to raise a genuine issue of fact and reversed the case dismissal.

Posted by Marcia Oddi on November 11, 2009 08:58 AM
Posted to Ind. App.Ct. Decisions