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Scuffle at Psychiatric Center falls under Medical Malpractice Act
Roy Martinez was a former patient at Metcalf House, a voluntary group home operated by Oaklawn Psychiatric Center that offered supervised living for patients who don’t require inpatient services.
While staying at the Metcalf House, Martinez was involved in a fight with Metcalf resident assistant Kennedy Kafatia after Martinez refused to go to bed. During their scuffle, after reaching for a lamp, Martinez suffered a leg injury when Kafatia kicked him in the shin. Kafatia called 911 but stayed away from Martinez while waiting for police to arrive, which was consistent with Oaklawn’s protocol for handling altercations with the psychiatric patients of Metcalf House. The large laceration on his leg ultimately killed Martinez, and his estate sued Oaklawn, alleging liability for Martinez’s injuries and resulting death under the Wrongful Death Act.
Oaklawn filed a motion to dismiss, asserting that because it was a qualified healthcare provider under Indiana’s Medical Malpractice Act (MMA), the estate was required to file its claim with a medical review panel. The trial court granted the motion, finding that Kafatia’s alleged conduct was “not ‘unrelated to the promotion of a patient’s health or the provider’s exercise of professional expertise, skill, or judgment.’”
Martinez appealed to the Indiana Court of Appeals. The appellate court cited Cox v. Evansville Police Department, et al., 107 N.E.3d 453 (Ind. 2018), noting that the current test under Trial Rule 12(B)(1) regarding whether the MMA applies to specific misconduct is to determine “whether that misconduct arises naturally or predictably from the relationship between the health care provider and patient or from an opportunity provided by that relationship.”
“When the altercation occurred that injured Martinez, Kafatia was naturally responding to Martinez’s physically aggressive behavior by defending himself. Kafatia thereafter followed Oaklawn’s protocol by removing himself from Martinez’s immediate physical presence and waiting for law enforcement to assist with Martinez,” Judge Paul Mathias wrote for the panel.
In its affirmation of the dismissal, the Indiana Court of Appeals found Kafatia’s attempts to enforce Martinez’s curfew by telling him to go to bed, attempting to turn off the light and ultimately kicking him was a part of Oaklawn’s provision of healthcare to Martinez.