Medical malpractice
COA reverses trial court in malpractice case
February 10, 2012
IL StaffThe Indiana Court of Appeals has sided with the commissioner of the Indiana Department of Insurance in a medical malpractice
case.
MoreJustices dismiss malpractice complaint appeal
January 12, 2012
Jennifer NelsonThe Indiana Supreme Court has vacated transfer to a case involving a proposed medical malpractice claim, finding that the
trial court order at issue is not a final appealable judgment.
More'Continuing wrong' statute makes malpractice claim timely
December 30, 2011
Jenny MontgomeryA doctor who was the subject of a malpractice claim due to his patient losing consciousness and causing a crash while driving
is not entitled to summary judgment, the Indiana Court of Appeals held.
MoreJustices: emotional distress actions not barred
December 13, 2011
Jennifer NelsonThe Indiana Supreme Court held Tuesday that separate actions by parents seeking damages for emotional distress from experiencing
the stillbirth of their child are not barred by the Indiana Child Wrongful Death Act or the Indiana Medical Malpractice Act.
MoreCourt upholds judgment for doctor, health care center
December 7, 2011
Jennifer NelsonA woman who challenged the grant of summary judgment on her negligence claims in favor of the doctor who performed her breast
reduction surgery and the heath care center where it was performed lost her appeal before the Indiana Court of Appeals.
MoreJustices accept two cases
November 21, 2011
Michael HoskinsThe Indiana Supreme Court has granted transfer in two cases, one examining medical malpractice
liability evidence for damages and another examining how Marion County’s mass tort litigation rules impact the overall
goal of orderly and speedy justice in an asbestos case.
MoreAppellate court rules man can challenge med mal cap's constitutionality
November 9, 2011
Michael HoskinsAn Indianapolis man will get an evidentiary hearing on whether the state's $1.25 million cap on medical malpractice awards
is unconstitutional.
MoreCOA rules man can challenge med mal act
October 25, 2011
Michael HoskinsThe Indiana Court of Appeals ruled a man whose wife died because of a missed medical diagnosis and obtained an $8.5 million
jury verdict is entitled to an evidentiary hearing about whether the state’s statutory cap on medical malpractice awards
is unconstitutional.
MoreCOA upholds $300,000 verdict, addresses 'patient abandonment'
October 19, 2011
Michael HoskinsThe Indiana Court of Appeals has ruled on the first of hundreds of medical malpractice claims filed against a former ear-nose-throat
specialist in Merrillville, upholding a $300,000 jury verdict and also delving into novel legal issues that haven’t
been widely addressed by the state’s appellate courts.
MoreRecent medical malpractice opinion causes some lawyers concern
September 14, 2011
Jenny MontgomeryAttorneys have asked the Indiana Supreme Court to weigh in on a recent ruling that has left some people wondering about the
future of medical malpractice law.
MoreJudges: State-law claims can proceed
September 8, 2011
Jennifer NelsonThe Indiana Court of Appeals has allowed a woman’s state claim against a sheriff following the suicide of her son in
jail to go forward even though she previously had accepted an offer of judgment in District Court on a federal claim.
MoreJustices reverse ruling against hospital on spoliation claim
August 10, 2011
Jennifer NelsonRelying on workers’ compensation cases involving first- and third-party spoliation claims, the Indiana Supreme Court
has declined to recognize similar claims regarding medical malpractice suits.
MoreNo summary judgment on issue of whether complaint was timely filed
July 27, 2011
Jennifer NelsonThe Indiana Court of Appeals reversed summary judgment in favor of a doctor in a medical malpractice action, finding there
are questions around whether the plaintiff timely filed the proposed complaint.
MoreJudges remand medical malpractice action
July 13, 2011
Jennifer NelsonThe Indiana Court of Appeals has ordered a trial court to hold a hearing as to what testimony an expert could give and to
revise one of its orders in limine in a medical malpractice suit stemming from an overdose of Benadryl more than 15 years
ago.
MoreCourt clarifies ruling on medical review panel process
July 8, 2011
Michael HoskinsThe Indiana Court of Appeals has clarified one of its earlier rulings about when nurses can participate in medical malpractice
actions and what evidentiary rules allow in the review panel process if the chairperson reneges on an agreement that a particular
individual wouldn’t participate.
MoreCourt rules on medical malpractice excess damages issue
May 23, 2011
Michael HoskinsThe Indiana Court of Appeals has ruled on an issue of first impression, adopting recent guidance from the state’s highest
court to decide that evidence relating to medical malpractice liability can be introduced in determining damages even after
someone enters into a settlement with the healthcare provider on that underlying claim.
MoreJudges divided on calculation of damages after negligence
April 7, 2011
Jennifer NelsonThe Indiana Court of Appeals was split in deciding whether an estate received the correct amount of damages from the Indiana
Patients’ Compensation Fund. One judge believed the trial court used an incorrect approach for calculating damages because
the deceased man had at least a 50 percent chance of survival before the medical negligence.
MoreCOA: Juror bias should have been examined
February 16, 2011
Michael HoskinsThe Indiana Court of Appeals has ordered a new trial for a surgeon accused of medical malpractice during a stem cell collection
procedure in which the patient died, finding that the trial court didn’t follow protocol in examining a potential juror’s
impartiality and deciding whether to strike that person from the jury pool.
MoreJustices take case involving stillborn fetus and Med-Mal Act
January 4, 2011
Jennifer NelsonThe Indiana Supreme Court granted transfer to a case in which the Indiana Court of Appeals ruled a mother of a stillborn fetus
satisfied the actual victim requirement under the Medical Malpractice Act.
MoreJudge dissents in denial of rehearing
December 22, 2010
Jennifer NelsonIndiana Court of Appeals Judge Margret Robb has issued a lengthy dissent from her colleagues’ denial to rehear a case
involving the state’s patient compensation fund. After reviewing the case, she believed the appellate court shouldn’t
have applied Restatement (Second) of Torts Section 323.
MoreCOA: jury should have had access to images
November 9, 2010
Rebecca BerfangerThe Indiana Court of Appeals today reversed and remanded a jury verdict in favor of medical care providers in a medical-malpractice
case involving a permanent eye injury following laser eye surgery. The appellate court concluded the trial court's evidentiary
and instructional rulings constituted reversible error.
MoreLawyers in uncharted waters with 358 med-mal claims against former physician
October 27, 2010
Michael HoskinsIf ever there was a line of litigation symbolizing a “cornucopia of legal issues,” then it’s the string
of claims against the former Merrillville sinus specialist known as “The Nose Doc.”
MoreJustices take 3 cases
September 13, 2010
IL StaffThe Indiana Supreme Court accepted transfer of three cases last week, including a case in which the Indiana Court of Appeals
lengthened a man’s sentence.
MoreJustices rule on Journey’s Account Statute
September 1, 2010
Michael HoskinsThe Indiana Supreme Court believes general negligence claims filed with the Indiana Department of Insurance can continue an
action already filed in state court relating to medical malpractice issues.
MoreCOA panels divided on attorney's fees under AWDA
August 18, 2010
Jennifer NelsonNearly a month after an Indiana Court of Appeals panel ruled attorney's fees aren’t recoverable under the Adult Wrongful
Death Act in a matter of first impression, another panel unanimously ruled they are recoverable.
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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!