McSwane v. Bloomington Hosp. and Healthcare Sys.

DUTY TO PROTECT PATIENTS

McSwane v. Bloomington Hosp. and Healthcare Sys., No. 53A04-0705-CV-243 (Ind. Ct. App. Mar. 12, 2008)

In a case where a patient was killed by her allegedly abusive ex-husband shortly after being discharged from a hospital into his custody, the Court of Appeals of Indiana reversed summary judgment that had been granted in favor of the hospital. The court held that a hospital has a statutory duty to report suspected abuse of an endangered adult. Further, the court found that the hospital’s independent duty to safeguard its patient from dangers that might result from circumstances within the hospital’s control extends to the discharge of a patient into the custody of the person who allegedly inflicted the injuries that led to the patient’s hospitalization. The court also concluded that the patient’s contributory negligence (her conscious decision to leave with her ex-husband) was insufficient to warrant summary judgment because the patient’s physical and mental condition had not been adequately taken into account.