Sen. Tyler Johnson, R-District 14, an emergency room physician, is facing allegations of malpractice after 20-year-old patient, Esperanza Umana, died less than an hour after his care in 2018.
The lawsuit filed by Becerra on May 23, 2022, seeks damages from defendants Johnson, Parkview Hospital and Professional Emergency Physicians to cover Umana’s medical expenses, burial and funeral costs and childcare costs for Umana's 5-year-old son, Javier Ruiz.
Related: [Indiana Attorney General Todd Rokita under investigation by state Disciplinary Commission]
Umana was taken to Parkview Regional Medical Center in Fort Wayne, Indian on Jan. 12, 2018. Jennifer Becerra, Umana’s mother and representative, said Umana had a 105-degree fever, trouble breathing and purple dots on her face, according to the IndyStar.
According to court documents, “The Defendants exacerbated Esperanza’s respiratory distress by overloading her lungs with 4 liters of fluid and violated the standard of care by prematurely discharging Esperanza from the emergency department in an unstable condition.”
The medical review panel from the Indiana Department of Insurance released their opinion on March 22, 2022. They stated that the evidence found supported claims that the defendants failed to comply with the appropriate standard of care and their actions were factors in the resulting damages.
In both Johnson’s and Parkview Hospital’s responses, they denied all allegations.
A court hearing for Allen Superior Court 1 is scheduled for April 24, though the case has been delayed several times, according to the case summary.
CORRECTION: This story has been updated to correctly reflect Johnson's political party.