Legal Opinion
Howard Regional Health System v. Gordon
Indiana Supreme Court
Decided August 10, 2011No. 34S02-1009-CV-476PublishedCited by 55 opinions
1Opinion of the Court
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 malpractice claim against one of his doctors, who was also a defendant.
As we explain below, many of the considerations that led us to decline to recognize first-party spoliation in Gribben v. Wal-Mart Stores, Inc., and to…
2Cases cited30 opinions
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- West v. Goodyear Tire & Rubber Co.Court of Appeals for the Second Circuit · 1999
- Cedars-Sinai Medical Center v. Superior CourtCalifornia Supreme Court · 1998
- Rimkus Consulting Group, Inc. v. CammarataDistrict Court, S.D. Texas · 2010
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3Cited by55 opinions
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- Preferred Professional Ins. Co., and Hills Ins. Co. Inc. v. Crystal West, William West, and Ind. Dept. of Ins., Patient's Comp. FundIndiana Court of Appeals · 2014
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