13 WTHR - Indianapolis News |Hospital ordered to pay $8M in wrongful death suit

Hospital ordered to pay $8M in wrongful death suit

Indianapolis - A local hospital has been ordered to pay a patient's family $8 million after a woman died in its care.

Jurors said a wife and mother of three, didn't have to die at Community North Hospital. In an exclusive interview, her husband talked with Eyewitness News about losing his wife and winning the court case.

Timothy Plank lost his high school sweetheart and wife Debbie to what he calls a senseless mistake. On her first of three visits to the emergency room at Community North Hospital, Debbie Plank had an X-ray showing minor intestinal blockage.

"She progressively got worse and she ended up passing away December 1st," said Plank.

The Planks hired attorney Mike Stephenson who eventually learned why Debbie Plank's health declined so fast.

"She ended up with gangrene in the stomach due to a perforation of the bowel," said Stephenson.

While the jury only found the hospital at fault and did not find Dr. Joseph Pavlik negligent, the medical review board faulted Dr. Pavlik, one of 14 doctors Plank says his wife went to for help.

"The biggest thing I wanted was an 'I'm sorry' from the doctor and the hospital," said Plank.

According to a medical review board document obtained by Channel 13, Pavlik "failed to comply with the appropriate standard of care."

But to this day, Mike Stephenson says that first X-ray was misplaced and not found in a timely fashion.

"She went to the hospital three times within a week, saw over a dozen doctors and never saw the same doctor twice," said Stephenson.

"Lack of communication between the doctors lead to her death," said Plank.

The hospital released the following statement:

"We are saddened by the 2001 death of Debbie Plank and our hearts go out to her family. The well-being of our patients is a top priority while they are in our care. Community Hospital North evaluates processes and procedures to continually improve the delivery of care for our patients in all areas, beginning at the point of admission to discharge. We wish the best for Debbie Plank's family as they try to move on during this difficult time."

Tim Plank says even with their $8 million victory in court and its legal cap, he hopes to convince lawmakers to raise malpractice liability.

"The cap of $1,250,000 is set by our legislators," Plank said.

Note: The jury's decision was strictly against the hospital, not the doctor.