Medical malpractice
Woman who used FedEx to send med mal complaint didn’t timely file
May 9, 2013
Jennifer NelsonThird-party carriers are not included in the statute regarding filing proposed medical malpractice complaints with the Indiana
Department of Insurance, so a woman’s complaint that was sent via FedEx within the two-year statute of limitations –
but not stamped until after the limitations expired – is not considered timely filed, the Indiana Court of Appeals ruled.
MoreProspective juror’s criticism of lawyer OK in verdict for hospital
March 25, 2013
Dave StaffordWhen a prospective juror in a wrongful death lawsuit against a hospital said he believed a lawyer was suing to make money,
that attorney’s failure to ask the judge for an admonishment of the jury pool waived her later argument for a mistrial,
the Court of Appeals ruled Monday.
MoreWeinberger owes patient $150k for unnecessary surgery
January 31, 2013
Jennifer NelsonDr. Mark S. Weinberger, who fled the country for several years after performing numerous unnecessary surgeries on his patients’
sinuses, must pay one patient $150,000 on a medical malpractice claim.
MorePlank failed to preserve claim med mal cap is unconstitutional
January 15, 2013
Jennifer NelsonThe Indiana Supreme Court unanimously ruled Tuesday that Timothy Plank, who filed a medical malpractice complaint following
the death of his wife in 2001, forfeited his opportunity to conduct an evidentiary hearing challenging the constitutionality
of the Medical Malpractice Act.
MorePCF may not present evidence to dispute injury
November 1, 2012
Jennifer NelsonThe Indiana Supreme Court ruled Wednesday that in a case involving a boy diagnosed with a mild form of cerebral palsy, the
Indiana Patient’s Compensation Fund may not present evidence to dispute the existence or cause of the boy’s injury
while defending his petition for excess damages from the fund.
MoreCOA affirms $550,000 med mal verdict; denies appellate attorney fees
October 30, 2012
Jennifer NelsonA Lake Superior judge did not err when he allowed a witness to testify on behalf of the party bringing a medical malpractice
complaint against a doctor nor in excluding the testimony of the doctor’s expert witness due to untimely disclosure,
the Indiana Court of Appeals held Tuesday.
MoreWeinberger sentenced to 84 months in prison
October 12, 2012
Dave StaffordA judge on Friday rejected former Merrillville "nose doctor" Mark Weinberger’s request to be released from
federal prison for time served and instead ordered him to spend almost another four years behind bars for fraud.
MoreJudges reaffirm 2 Weinberger patients’ psychological evaluations
October 12, 2012
Jennifer NelsonIn reaffirming a Lake Superior Court decision that granted former doctor Mark Weinberger’s motion that two men suing
him undergo psychological examinations, the Indiana Court of Appeals clarified that there is no requirement that a trial court
must compel an involuntary psychiatric evaluation when faced with similar facts and circumstances as in the instant cases.
MoreWeinberger seeks sentence of time served
October 8, 2012
Dave StaffordFormer Merrillville ear, nose and throat doctor Mark Weinberger on Monday asked a federal court to sentence him to time served
for the 22 counts of health care fraud to which he pleaded guilty.
MoreJudges find no misconduct by hospital
October 3, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed the denial of a woman’s motion to correct error and relief from judgment following
a verdict in favor of Clarian Health Partners on her medical malpractice complaint. The court found that Clarian’s counsel
did not commit misconduct by not supplementing the deposition testimony of one of its doctors – a nonparty to the case
– prior to trial.
MoreMalpractice complaint hinges on claim of apparent agency
September 19, 2012
Jennifer NelsonThe Indiana Court of Appeals concluded Wednesday that a Bartholomew Superior judge did not err in denying partial summary
judgment on the issue of whether two physicians working as independent contractors were the apparent agents of Columbus Regional
Hospital.
MoreJustices vacate transfer in malpractice case, settlement reached
September 14, 2012
IL StaffThe Indiana Supreme Court has dismissed an appeal of a medical malpractice complaint filed in Porter County because Tim Black
and the Department of Insurance have reached a settlement.
MoreProposed med mal complaint fee divides Court of Appeals
September 13, 2012
Jennifer NelsonIn a dissent from Judge Nancy Vaidik involving a proposed medical malpractice complaint filed with the Department of Insurance
before filing fees were paid, Vaidik claimed Judge James Kirsch created a new test to determine whether a complaint is timely
filed and shifted the burden of ensuring fees are paid to the Department of Insurance instead of the attorney.
MoreDTCI: Negligent infliction of emotional distress
September 12, 2012
There are few torts that have been subject to more expansion and modification in the last 20 years than negligent infliction
of emotional distress.
MoreSunburned man gets no relief
September 7, 2012
Marilyn OdendahlThe Indiana Court of Appeals has ruled that a badly sunburned patient failed to meet the burden of res ipsa loquitur
in a medical malpractice lawsuit against his dermatologist.
MoreMedical malpractice caps challenged in Indiana, fall elsewhere
August 29, 2012
Dave StaffordMedical malpractice caps are unconstitutional in Missouri. And in Illinois and Georgia. They might be in Indiana, too, if
the justices of the Supreme Court grant Timothy Plank the day in court his attorneys say he is entitled to.
MoreAppeals court affirms order for expert witness to indemnify past employer
August 28, 2012
Dave StaffordAn expert for a plaintiff in a medical malpractice case who was ordered to execute a release indemnifying a former employer
must do so, the Indiana Court of Appeals ruled Tuesday.
MoreCourt addresses use of epidemiological evidence in med mal cases
August 22, 2012
Jennifer NelsonThe Indiana Court of Appeals held that the trial court ruled correctly when it did not allow certain epidemiological evidence
by a plaintiff’s expert witness in a medical malpractice lawsuit, but the court stopped short of saying this type of
evidence could never be admitted in a medical malpractice case.
MorePortion of malpractice statute of limitations ruled unconstitutional in some cases
August 10, 2012
Dave StaffordA woman’s malpractice lawsuit against the estate of a Marshall County doctor who died more than two decades ago will
go forward, the Indiana Court of Appeals ruled. The court found the two-year statute of limitations on medical malpractice
claims unconstitutional in certain cases.
MoreDisgraced 'Nose Doctor' keeping lawyers busy
June 20, 2012
Dave StaffordDr. Mark Weinberger's silence on 350 medical malpractice claims is providing unique experience for Indiana law firms.
MoreCOA affirms when interest on payments from state fund begins to accrue
May 3, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed the trial court ruling in a dispute over what interest rate is charged and when it begins
to accrue on payments due from the Indiana Patient’s Compensation Fund to successful medical malpractice claimants.
MoreMedical malpractice judgment upheld by appellate court
April 12, 2012
Jennifer NelsonThe Indiana Court of Appeals has affirmed the $1.25 million judgment against a gastroenterologist after a patient brought
a medical malpractice claim for a missed cancer diagnosis. The judges found the trial court didn’t abuse its discretion
in excluding certain evidence.
MoreCourt preserves woman's day in court despite delays
April 5, 2012
Michael HoskinsThe Indiana Court of Appeals has reversed a trial judge’s order to dismiss a woman’s medical malpractice case
because of her failure to comply with discovery deadlines and trial rules, finding that the decision to deny her a day in
court was too harsh.
MoreCourt of Appeals reverses medical malpractice ruling
March 15, 2012
Michael HoskinsDetermining that a question exists about when the statute of limitations started running on a proposed medical malpractice
complaint, the Indiana Court of Appeals has reversed a decision in a case involving the death of a woman at an Indianapolis
hospital after receiving medication prior to heart surgery.
MoreJustices accept 5 cases
March 5, 2012
IL StaffThe Indiana Supreme Court has taken five cases, including one challenging the constitutionality of the state’s medical
malpractice cap and a case on the reasonableness of hospital fees charged.
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Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...
Yikes!