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Torts Keyed to Henderson
Cahoon v. Cummings
Facts
Plaintiff is spouse of William Cummings. Cummings had an appointment with family doctor, Robert Kohne, in December 1991 with complaints of feelings of heartburn. X-rays were taken of esophagus, stomach, and small bowel. Dr. Jeffrey Cahoon examined the X-rays and gave a diagnosis of hiatal hernia and reflux esophagitis. Cahoon informed Cummings surgery was not an option until he lost weight. About 7 months later after losing around 80 pounds, Cummings had another appointment with Kohne who directed him to the V.A. hospital due to issues with Cummings’ insurance. Prior to going to the V.A. hospital Cummings went to the E.R. at St. Elizabeth’s Hopsital due to a “perforated esophagus that had hemorrhaged” and was diagnosed with cancer of the esophagus. The cancer had spread to lymph nodes and liver and the surgery and chemotherapy were therefore ineffective. March 1993 Cummings filed a complaint with the Indiana Department of Insurance as against both doctors – as to Kohne, negligent failure to diagnose, and as to Cahoon, negligent misdiagnosis. Medical Review Panel did not find their failure to adhere to the proper standard of care was a factor of the damages Cummings suffered. Cummings died in August 1993. Plaintiff sued both doctors for her husband’s death, for his loss of chance, for medical expenses and lost income, and loss of consortium. Jury awarded Plaintiff $194,000 from Kohne’s estate and $75,000 from Cahoon. Plaintiff filed a motion for prejudgment interest. The court denied with regard to Kohne and granted $18,443.84 with regard to Cahoon. Plaintiff and Defendants appealed. Court of Appeals affirmed the prejudgment decision for Kohne and reversed the award as to Cahoon. Plaintiff and Defendants sought transfer. The transfer was granted by this Court.
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