HOWARD REGIONAL HEALTH SYSTEM v. GORDON

No. 34S02-1009-CV-476.

952 N.E.2d 182 (2011)

HOWARD REGIONAL HEALTH SYSTEM d/b/a Howard Community Hospital, Charles G. Marler, M.D., and Community Family Health Center, Appellants (Defendants below), v. Jacob Z. GORDON b/n/f/ Lisa Gordon, Appellee (Plaintiff below).

Supreme Court of Indiana.

August 10, 2011.


Attorney(s) appearing for the Case

Bryan H. Babb , Kelly M. Scanlan , Indianapolis, IN, Milford M. Miller , Fort Wayne, IN, Attorneys for Appellants.

R. Thomas Bodkin , James D. Johnson , Evansville, IN, Attorneys for Amicus Curiae Defense Trial Counsel of Indiana.

John F. Muller , Indianapolis, IN, Attorney for Appellee.

Steven L. Langer , Valparaiso, IN; Tara M. Wozniak , Indianapolis, IN, Attorneys for Amicus Curiae Indiana Trial Lawyers Association.


On Petition to Transfer from the Indiana Court of Appeals, No. 34A02-0902-CV-179

SHEPARD, Chief Justice.

Jacob Gordon's mother sued Howard Community Hospital, alleging it committed medical malpractice while caring for her son. In another count of the complaint, she sought separate damages for spoliation, saying the Hospital had lost certain medical records associated with Gordon's care and that this loss made it impossible for Gordon to pursue a medical...

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