Indiana Court of Appeals Puts Lid on Res Ipsa Loquitor Claim for Release of Private Medical Information
By Paul V. Esposito
The Indiana Court of Appeals has rejected a res ipsa loquitor claim brought by a hospital patient regarding the release of embarrassing information. Wireman v. LaPorte Hosp. Co., LLC, 2023 Ind. App. LEXIS 69 (March 13, 2023). The critical issue as to res ipsa loquitor is whether the hospital had exclusive control over the patient’s diagnosis, not whether an outsider leaked information. Because the patient had disclosed the diagnosis to three people, his res ipsa claim failed as a matter of law.