July 26, 2010

David Strite, Joseph Klausing and Benjamin Weigel obtained a directed verdict on behalf of their client, a Madison, Indiana emergency room physician, following the conclusion of the plaintiffs’ case in chief in a wrongful death case involving a four-year old child.  Plaintiffs alleged that the physician’s failure to instruct the child’s mother that she could become dehydrated after she was discharged from the emergency room contributed to the child’s death.  Strite, Klausing and Weigel countered that the physician acted appropriately and that the child had no signs or symptoms of dehydration when examined.  The court held that plaintiffs failed to prove that anything that the physician did, or failed to do, contributed to the child’s death and dismissed the claims against the physician.