Doctors’ Affidavits Cannot Defeat Summary Judgment

first_imgDoctors’ Affidavits Cannot Defeat Summary JudgmentBy Jennifer NelsonThe affidavits submitted as evidence by the treating physicians being sued for medical malpractice were factually inadequate and did not raise a genuine issue of material fact regarding their care of the plaintiff, the Indiana Court of Appeals held Monday.Julia and Steven Roberts filed a medical malpractice complaint against Drs. Kevin Scripture, Richard Mangan, Judy Risch and Whitewater Eye Centers LLC regarding care and treatment Julia Roberts received on her left eye, leading to a corneal transplant. The medical review panel unanimously found the doctors failed to comply with the appropriate standard of care and that their conduct was a factor of the resultant damages.The Robertses then sued and sought summary judgment. The defendant doctors’ responses to the summary judgment motion contained medical-expert testimony from each of the doctors, which simply set for their medical credentials and stated the care and treatment provided by each doctor met the applicable standard of care and was not responsible for her alleged injuries or damages.Eighty one days later, the doctors filed a motion to supplement their affidavits with more factual information about case and treatment of Julia Roberts. The trial court denied the doctors’ motion and granted summary judgment for the plaintiffs.The Court of Appeals affirmed in Kevin T. Scripture, M.D., Richard Mangan, O.D., Judy D. Risch, O.D., and Whitewater Eye Centers, LLC v. Julia and Steven Roberts, 49A02-1504-CT-211, finding the doctors’ affidavits did not set for specific facts regarding Julia Roberts’ care, but instead, echoed the denials of their pleading contrary to the requirements of Ind. Trial Rule 56(E), Chief Judge Nancy Vaidik wrote.The doctors cited the Indiana Supreme Court’s decision in Hughley v. State, 15 N.E.3d 1000, 1002 (Ind. 2014), to support their argument their affidavits – even if self-serving and conclusory – can defeat summary judgment.“Unlike in Hughley, however, here the Doctors cited no facts that would support that they met the standard of care or that their conduct did not cause the Robertses’ damages. The Doctors merely restated the denials in their pleadings. Hughley is inapposite,” Vaidik wrote.The COA also affirmed the denial to supplement, noting that Trial Rule 56(C) provides that a party opposing a motion for summary judgment has 30 days to serve a response or any other opposing affidavits, and in this case, the doctors did not file their supplemental affidavits until 81 days later.FacebookTwitterCopy LinkEmailSharelast_img read more

Donegal community to get a new Resource Centre

first_imgDonegal is to get a new Resource Centre.The centre in Raphoe will be one of eleven new centres across Ireland,Minister for Children and Youth Affairs, Dr Katherine Zappone, and Tusla’s Chief Operations Officer, Jim Gibson, today announced the locations of 11 new centres during a visit to the Hill Street Family Resource Centre in Dublin’s north inner city. The additional Family Resource Centres will be supported due to additional funding provided to Tusla as part of Budget 2018.In a strong demonstration of interest, 47 applications from around the country were received and assessed by Tusla. The 11 new Family Resource Centres are:Raphoe Springboard, Co. DonegalMountmellick, Co. LaoisTeach Dara, KildareAthy, Co. KildareNorth Tipperary Community Services, Co. TipperaryAster, Balbriggan, Co. DublinLaytown, Louth/MeathFinglas West Barnardos Dublin North CityCarrigtwohill, Co. CorkRoscommon Leader Partnership CompanyBallybeg CDP, Co. WaterfordSpeaking at the announcement, Minister Zappone said “Family Resource Centres are the very hub of the communities which they serve – I have seen this at first hand in every part of the country. They provide a huge range of services by working with people from cradle to the grave. They also support those going through a difficult period in their lives including bereavement, unemployment and addiction. The demand for new centres speaks for itself and underlines their important role. This year I am delighted to increase funding by 21% to €16.37 million for centres nationwide.”Jim Gibson, Chief Operations Officer, Tusla said “We’re delighted to announce the 11 new Family Resource Centres today. The expansion of our Family Resource Centre Programme will see 11 more communities supported through a range of community services including family support work, counselling, education and training courses, and youth groups.Family Resource Centres are rooted in and part of local communities and as a result they can identify need in families and communities early and offer appropriate interventions and supports. Tusla’s Family Resource Centre Programme is an important part of our work to prioritise early intervention across our services.”The announcement is part of a range of initiatives announced for Family Resource Centres as part of Budget 2018. Tusla is investing a total of €16.37 million into the Family Resource Centre Programme in 2018, an increase of 21% compared to 2017.The Family Resource Centre Programme is a national programme core funded by Tusla, which currently provides funding to 109 Family Resource Centres in Ireland. This number will rise to 120 in 2018. The principal objective of the Family Resource Centre Programme is to combat disadvantage and to strengthen and empower children, families and communities. A Family Resource Centre is a service which provides supports to families such as family support work, counselling, education and training courses, and youth groups.Each Family Resource Centre is established as a voluntary community group and operates autonomously working inclusively with individuals, families, communities, and both statutory and non-statutory agencies. There are currently 109 communities supported through the Family Resource Centre Programme, covering a catchment area of nearly one million people.The 11 new Family Resource Centres will be supported by Tusla to join the Programme in the coming months.Deputy Pat the Cope Gallagher paid tribute to Raphoe Springboard for the very comprehensive application submitted by them, resulting in today’s good news as announced by the Minister. Donegal community to get a new Resource Centre was last modified: March 12th, 2018 by StephenShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)Tags:donegalRaphoeResource Centrelast_img read more