Professional Negligence Law Reporter

An Indiana appellate court held that a former patient’s claims against an inpatient mental health facility alleging damages resulting from his sexual relationship with another patient sounded in medical negligence.

Shane Willingham, a minor, had a history of suicide attempts. After one such attempt, he was admitted to St. Vincent Anderson Regional Hospital (Anderson Center), a treatment center for persons with mental illness and addictions. One morning, staff found him in the room of a fellow resident.

Willingham sued Anderson Center, alleging negligence. The defendant moved to dismiss on the basis that the plaintiff had failed to convene a medical review panel as required by the Indiana Medical Malpractice Act (MMA). The defendant argued that there was a clear connection between the alleged negligence and the health care relationship. The plaintiff countered that his allegations focused on the defendant’s negligence in supervising and providing security for its minor residents, not on any medical treatment or procedure. The trial court granted the defendant’s motion.

Affirming, the appellate court noted that the MMA requires presentation of a proposed complaint to a medical review panel before the action may be commenced in an Indiana state court. Under the statute, malpractice is defined as a tort or breach of contract based on health care or professional services provided by a health care provider to a patient, the court added. The court noted the plaintiff alleged that the defendant is a treatment facility for those with addictions or mental illness and that the plaintiff had checked in for treatment following his most recent suicide attempt. Moreover, the plaintiff alleged in his complaint that he was damaged by the defendant’s negligence and claimed that the defendant had owed him a duty of care.

Citing the plaintiff’s allegations, the court found that it could not conclude that the actions of the defendant and its employees were demonstrably unrelated to the promotion of the plaintiff’s health or that there was not a causal connection between the defendant’s alleged actions and the nature of the patient-health care provider relationship. The defendant’s alleged breach of a duty is, in substance, a medical negligence claim, the court concluded.

Consequently, the court held that the trial court’s ruling was proper.

Citation: Willingham v. Anderson Ctr., 216 N.E.3d 517 (Ind. Ct. App. 2023).