Marquis v. Battersby, 4-782
| Decision Date | 21 December 1982 |
| Docket Number | No. 4-782,4-782 |
| Citation | 443 N.E.2d 1202 |
| Parties | Harold E. MARQUIS and Ina W. Marquis, Appellants (Plaintiffs Below), v. J.S. BATTERSBY, M.D., Trustees of Indiana University and John Doe I thru X, Inclusive, Appellees (Defendants Below). A 201. |
| Court | Indiana Appellate Court |
Plaintiffs-appellants Harold and Ina Marquis appeal from a summary judgment granted in favor of defendants-appellees Trustees of Indiana University and J.S. Battersby, M.D. We affirm.
The Marquis' complaint asserted medical malpractice on the part of Dr. Battersby and the Trustees in causing an inflammation on the edges of Mrs. Marquis' incision following a surgical procedure done by Dr. Battersby in the Trustees' hospital. After the complaint was filed with the Department of Insurance, a medical panel of health care providers was selected to review the evidence submitted to it. Ind.Code 16-9.5-9-1 and -2. The panel reported that the defendants had not been negligent in the care they gave Mrs. Marquis and that they had not caused her injury. The report was submitted to the trial court in support of motions for summary judgment filed by Dr. Battersby and the Trustees. No expert opinion was furnished by the Marquis to the contrary. Mr. and Mrs. Marquis filed separate affidavits and copies of all the material filed with the medical review panel. The trial judge granted the defendants' motions for summary judgment.
The Marquis appeal arguing that:
1) There was a genuine issue of material fact regarding the standard of care, negligence or causation of injury;
2) The doctrine of res ipsa loquitur should have been applied by the trial judge; and
3) The trial judge erred in the selection and application of the standard of care.
The Marquis first contend that there was a genuine issue of material fact regarding the standard of care, negligence and causation. Our holding in Bassett v. Glock, (1977) 174 Ind.App. 439, 368 N.E.2d 18, is dispositive of this issue. The question of the appropriate standard of care may not be resolved without resort to expert testimony. Id. The Marquis were required to...
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Payne v. Marion General Hosp.
...cannot conclude that the trial court erred when it granted summary judgment in favor of the Hospital. Burke, supra; Marquis v. Battersby (1982), Ind.App., 443 N.E.2d 1202; Searcy, supra; Bassett v. Glock (1977), 174 Ind.App. 439, 368 N.E.2d The trial court's judgment as to Dr. Donaldson and......
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Griffith v. Jones
...follow a conservative treatment rather than surgery for a disc disease was challenged. It was also the situation in Marquis v. Battersby (1982), Ind.App., 443 N.E.2d 1202, where the patient suffered from an inflammation of the edges of an incision following surgery. In these two cases the l......
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...met the requisite standard of care, there are no genuine triable issues. Simms, 651 N.E.2d at 350 (citing Marquis v. Battersby, 443 N.E.2d 1202, 1203 (Ind. Ct. App. 1982), trans. denied). Moreover, where there is a unanimous medical review panel determination favoring the defendant and no c......
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Clarian Health Partners Inc. F/k/a Methodist Hosp. v. Wagler
...whether the physician's conduct met the requisite standard of care, there are no genuine triable issues. Marquis v. Battersby [443 N.E.2d 1202, 1203 (Ind.Ct.App.1982) ]; Simms v. Schweikher [651 N.E.2d 348, 350 (Ind.Ct.App.1995), trans. denied ]. Moreover, where there is a unanimous medical......