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A complaint brought by a patient who accused a treatment facility of failing in its duty of care is covered by Indiana’s Medical Malpractice Act, the Court of Appeals of Indiana has ruled in affirming a trial court’s grant of summary judgment for the facility.
Shane Willingham filed his complaint against Anderson Center — a treatment facility for people with addictions and mental illness — in July 2022.
Willingham said in his complaint that in July 2020, when he was a minor, he was a resident at the center for psychological treatment following a suicide attempt. The complaint did not provide his exact age.
Willingham alleged he had a sexual relationship with a female resident, which shouldn’t have been possible because the center is supposed to do room checks every 15 minutes and lock the doors between the boys’ and girls’ units.
He also alleged employees attempted to cover up their conduct after discovering the relationship by falsifying documentation of room checks.
Anderson Center filed a motion to dismiss pursuant to Ind. Trial Rule 12(B)(1), arguing Willingham alleged a “breach in the standard of care in a medical setting” and the alleged actions were covered by Indiana’s Medical Malpractice Act.
The Madison Circuit Court agreed and granted the motion to dismiss in February.
On appeal, Willingham argued the facts of the case center on negligence in Anderson Center’s security and supervision duties, which are “unrelated to any medical care” and not specifically prescribed for his treatment.
According to the appellate court, Willingham essentially asserted that he was placed in a position of undue vulnerability due to the decisions and actions of Anderson Center employees in light of his mental and emotional issues, suicide attempts, psychological trauma, pornography addiction, and need for psychological services.
He argued that his allegations that Anderson Center failed to adhere to its procedures with respect to resident room checks and keeping the doors between male and female units locked “do not center on ‘Health care’ as defined by Indiana Code 34-18-2-13.”
But the Court of Appeals disagreed.
“In light of the allegations, we cannot say that the alleged actions by Anderson Center and its employees were demonstrably unrelated to the promotion of Willingham’s health or that there is not a causal connection between the alleged actions and the nature of the patient-health care provider relationship,” the opinion says. “Willingham’s breach of duty claim is, in substance, a medical malpractice claim, and accordingly the trial court did not err in granting Anderson Center’s motion to dismiss and dismissing the claim without prejudice.”
Judge Elaine Brown wrote the opinion. Judges Terry Crone and Paul Felix concurred.
The case is Shane Willingham v. Anderson Center, 23A-CT-459.
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