Dave Stafford for www.theindianalawyer.com
An Indianapolis cardiologist who lost his hospital privileges lost an appeal of his lawsuit against Indiana University Health and affiliated doctors Friday.
The Indiana Court of Appeals affirmed summary judgment granted to defendants in Bertram A. Graves, M.D. v. Indiana University Health, f/k/a Clarian Health Partners, Inc., Richard Kovacs, M.D., and Edward Ross, M.D., 49A05-1412-PL-560. Bertram Graves challenged the grant of summary judgment in his lawsuit that claimed breach of contract, discrimination and intentional infliction of emotional distress. He also claimed the trial court abused its discretion in denying his motion to compel discovery and in striking parts of an affidavit.
Judge Cale Bradford wrote a 31-page unanimous opinion that held Graves’ second amended complaint was untimely, that an IU Health peer review panel had given him a fair hearing, there was adequate evidence to support its decision, and that IU Health had adequately responded to discovery requests. There also is no evidence to support a discrimination claim, the panel concluded.
“In sum, we conclude that the trial court acted within its discretion in denying Dr. Graves’ motion to compel and in striking certain paragraphs from Dr. Graves’s affidavit,†Bradford wrote. “We also conclude that the trial court did not err in granting summary judgment in favor of the Appellees. Accordingly, we affirm the judgment of the trial court.â€
