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State of Indiana

01/23/2025 | Press release | Distributed by Public on 01/22/2025 23:10

[SUPREME] Zainab Abbas, M.D., Morgan Mittler, R.N., and Methodist Hospital v. Hetep Bilal Neter Nu, No. 24S CT 00435

Neter-Nu filed this medical malpractice action alleging his foot was amputated due to improper IV placement while he was admitted to Methodist Hospital. At the jury trial, the Lake Superior Court declined to give the medical providers' proposed instruction on intervening cause. The trial court also forbade the parties from referring to certain admitted evidence and ruled against the medical providers during their attempt to refresh an expert witness's recollection. The jury returned a verdict for Neter-Nu. The Court of Appeals reversed and remanded for a new trial. Abbas v. Neter-Nu, No. 23A-CT-438 (Ind. Ct. App. June 11, 2024) (mem.), vacated. The Indiana Supreme Court has granted Neter-Nu's petition to transfer and assumed jurisdiction over the case.