Medical malpractice

COA: Theories presented to trial court in med-mal cases were presented to review panels

February 22, 2017
Olivia Covington
After finding that evidence of disputed medical malpractice theories in two cases were presented to the medical review panels in each, Indiana Court of Appeals has reversed summary judgment in favor of a health care provider in one case but is allowing the provider in the other to present evidence related to a subsequent malpractice theory against him.
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Justices deny transfer in suit stemming from meningitis outbreak

February 20, 2017
IL Staff
The Indiana Court of Appeals’ ruling that some claims from those injured or family members of those who died after being injected with contaminated steroids are governed by the Indiana Medical Malpractice Act will stand after the Indiana Supreme Court declined to take the case on transfer last week.
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COA considers new allegations in medical malpractice cases

February 8, 2017
Olivia Covington
Can parties present evidence or theories at trial that were not presented to the medical review panel?
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DTCI: Medical malpractice and summary judgment

February 8, 2017
From DTCI
Are recent appellate court decisions raising the evidentiary threshold for health care defendants?
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COA: Declaratory judgment, tort actions can arise from same occurrence

February 7, 2017
Olivia Covington
A declaratory judgment action can arise from the same occurrence as an underlying tort action for purposes of permissive joinder under Trial Rule 20, the Indiana Court of Appeals held Tuesday. The judges affirmed the denial of a request to sever two tort counts from a count seeking declaratory judgment.
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COA: Malpractice claim barred by statute of limitations

February 6, 2017
Olivia Covington
The Indiana Court of Appeals has rejected a woman’s malpractice claim after holding that the claim was barred by a two-year statute of limitations.
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Statute of limitations bars medical negligence case

January 19, 2017
Olivia Covington
After a dermatology appointment left a Marion County woman with facial discoloration that never went away as her doctor said it would, the woman sought damages in a negligence complaint. However, because she failed to prove that she “later learned” that her injury was worse than she thought, the Indiana Court of Appeals held that the woman’s claim cannot proceed in court because it was not timely filed.
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Judges decline to consider mother’s actions in med-mal case

November 18, 2016
Olivia Covington
The Indiana Court of Appeals has rejected a doctor’s argument that a patient’s mother served as an intervening cause to the loss of the patient’s kidney and instead upheld the rule that a parent’s alleged contributory negligence may not be imputed to a child’s medical malpractice claim.
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COA: Clinics that gave tainted steroid must face suit

November 7, 2016
Olivia Covington
After a widespread fungal meningitis outbreak killed nearly a dozen Hoosiers, the Indiana Court of Appeals decided Monday that the providers who injected the injured parties with a contaminated steroid that was purchased from a third party can be found to be negligent under the Indiana Medical Malpractice Act.
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COA upholds denial of motion to strike expert medical testimony in malpractice suit

October 4, 2016
Olivia Covington
The Indiana Court of Appeals affirmed Tuesday a trial court’s decision to deny a motion to strike expert witness testimony after finding that a man could present certain evidence to prove medical malpractice against his now-deceased wife’s former physician.
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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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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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