Medical malpractice

Reversal: Kroger must face claim for filling script in wrongful death case

August 4, 2016
Dave Stafford
Kroger must face a claim that its potential negligence in filling a prescription contributed to the death of a woman after she sought treatment for acute bronchitis, the Indiana Court of Appeals ruled Thursday in a reversal.
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Elkhart County judgment exceeds med-mal cap

July 27, 2016
Dave Stafford
A northern Indiana judgment in favor of a man ruled to have suffered a catastrophic medical malpractice injury that left him paralyzed is the latest case challenging the state’s cap on malpractice damages.
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Schocke: The future of the Indiana Medical Malpractice Act

July 13, 2016

With the advent of the new medical malpractice caps, what will be the effect on the volume of malpractice claims? Moreover, will the cap alterations sufficiently protect the act from constitutional challenges?

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COA affirms excess damages award in med-mal case

July 5, 2016
Jennifer Nelson
Based on the evidence before it, a trial court correctly awarded a man $300,000 in excess damages from the Indiana Patient’s Compensation Fund after an Indianapolis hospital missed the signs he was having a stroke, the Indiana Court of Appeals held Tuesday.
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COA: Minors’ malpractice suit can continue

June 29, 2016
Scott Roberts
The Indiana Court of Appeals ruled a medical malpractice lawsuit filed by minor children can continue after it found the suit was not untimely filed. The children were in the correct age range to trigger an exception in the Medical Malpractice Act.
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Hospitals that mess up are urged to confess

June 10, 2016
 Bloomberg News
A new approach promoted by the federal Agency for Healthcare Research and Quality is explicitly aimed at saving hospitals money on malpractice litigation while encouraging more robust scrutiny of what went wrong.
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COA clarifies confusion around judicial admissions

April 28, 2016
Jennifer Nelson
The Indiana Court of Appeals noted in its decision Thursday in a medical malpractice lawsuit that the line of authority that has developed on judicial admissions is based on an error made in a 1990 case. The judges used their opinion to affirm the jury verdict in favor of the defendant doctor and to clarify that judicial admissions are conclusive and binding.
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Supreme Court reverses summary judgment in malpractice case

April 28, 2016
Scott Roberts
The Indiana Supreme Court reversed summary judgment for a hospital and doctor after it found the doctor’s own evidence creates issues of material fact that need to be settled at trial.
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COA: Patient not notified doctor was independent contractor

March 31, 2016
Scott Roberts
The Indiana Court of Appeals ruled a man was never notified that the doctor treating him was an independent contractor and not an employee and therefore reversed summary judgment to the hospital and remanded the man’s vicarious liability case to the trial court.
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Pence signs med-mal cap increase on final day

March 25, 2016
 Associated Press, IL Staff
Medical malpractice victims will be eligible for more compensation after Gov. Mike Pence signed into law a bill increasing the payment cap for the first time since the 1990s. The cap would increase from the current $1.25 million limit to $1.65 million next year and then to $1.8 million in 2019.
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Abortion, med-mal, private university police bills await Pence’s decision

March 24, 2016
 Associated Press, IL Staff
High-profile bills involving restrictions on abortion, increasing the caps on medical malpractice damages and slightly lifting the secrecy of police units at Notre Dame and other private universities are among the unsigned bills remaining on the final day for Gov. Mike Pence to act.
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Senate votes to raise medical malpractice payment cap

March 9, 2016
 Associated Press, IBJ Staff
Medical malpractices victims may be able to receive more money now that the Indiana Senate has passed a proposal to increase the compensation cap for the first time in nearly 18 years.
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House panel OKs medical malpractice cap increase

March 1, 2016
 Associated Press
Medical malpractice victims would be able to receive more compensation under a measure an Indiana House committee approved Monday that would update the payment cap for the first time in nearly 18 years.
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Medical malpractice complaint moves forward

February 19, 2016
Scott Roberts
A man will have his medical malpractice complaint heard after the Indiana Court of Appeals reversed a trial court’s decision to dismiss it.
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Doctors’ affidavits cannot defeat summary judgment

February 1, 2016
Jennifer Nelson
The affidavits submitted as evidence by the treating physicians being sued for medical malpractice were factually inadequate and did not raise a genuine issue of material fact regarding their care of the plaintiff, the Indiana Court of Appeals held Monday.
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Med-mal reform bill unexpectedly derailed

January 25, 2016
Dave Stafford
A proposal to raise caps on medical malpractice damages by $400,000 appears to face a grim prognosis after a key lawmaker said parties to the legislation have failed to agree on certain provisions of the bill.
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Med-mal, administrative law reform bills set for hearing

January 22, 2016
Dave Stafford
A proposal to raise the cap on medical malpractice damages by $400,000, index future increases to inflation and make other reforms to the Indiana Medical Malpractice Act will be introduced to a Senate committee Monday.
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Munster cardiologist’s practice faces some 300 medical malpractice complaints

January 13, 2016
Dave Stafford
The sweeping medical malpractice claims against Dr. Arvind Gandhi and other practitioners at Cardiology Associates of Northwest Indiana could take years to unwind, and they may change the calculus that sets surcharges physicians pay to the Indiana Patient’s Compensation Fund.
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Bill proposes increasing med-mal cap by $400,000

January 6, 2016
Dave Stafford
The maximum award for medical malpractice would increase by $400,000 under legislation proposed after a study committee last year examined Indiana’s caps. Caps on damages were last raised 17 years ago and have been increased just twice in 40 years.
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Family keeping up fight against Indiana malpractice cap

January 4, 2016
 Associated Press
An Evansville couple is keeping up a decadelong legal fight over their claims of medical malpractice in their daughter's birth that left her a quadriplegic and unable to speak.
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Talks continue toward compromise med-mal reform deal

November 4, 2015
Dave Stafford
With medical errors on the rise in Indiana and many states ruling caps on malpractice damages unconstitutional, plaintiff and defense lawyers and state officials continued to negotiate behind the scenes toward compromise legislation that could increase Indiana’s $1.25 million cap on medical malpractice awards.
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Steele: Deal close on medical malpractice reform bill

October 21, 2015
Dave Stafford
Plaintiff and defense lawyers and state officials are close to an agreement on legislation to reform Indiana’s Medical Malpractice Act, a key state senator said Tuesday.
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Ruling in favor of doctors in med mal case upheld

October 15, 2015
Jennifer Nelson
The trial court properly tendered a jury instruction in a medical malpractice case that advised the jury that physicians are not liable for an error in diagnosis or treatment when exercising reasonable care, the Indiana Court of Appeals held Thursday.
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The waiting game delays medical malpractice claims going to court

October 7, 2015
Dave Stafford
Lawmakers recently received conflicting diagnoses for review panels that evaluate medical malpractice claims. Some see them as broken, while others say they represent an ideal system that just needs some TLC.
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Hospital group favors raising limit on medical malpractice damages

September 23, 2015
Dave Stafford
Proposals to increase the state-imposed $1.25 million cap on damages in medical malpractice cases have some unlikely supporters: Indiana hospitals.
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