Medical malpractice

High court grants, vacates transfers

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court granted transfer to a case regarding whether the Indiana Patient's Compensation Fund can introduce evidence of liability on an action seeking excess damages. The court also vacated a transfer in a case that involves an amendment to charging information that happened after the omnibus date. The court granted transfer to Jim Atterholt, Commissioner of the Indiana Department of Insurance, as Administrator of theIndiana Patient's Compensation Fund v. Geneva Herbst, personal representative of the estate of Jeffrey A....
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Majority: hospital owed duty to patient

January 1, 2008
Jennifer Nelson
Indiana Court of Appeals judges were split in their decision March 12 regarding whether a hospital that performed a surgery on a woman with suspected domestic violence injuries should have prevented her from leaving with her ex-husband and alleged abuser, who later killed both of them on the way home from the hospital. At issue in Ava McSwane and Danielle Hays v. Bloomington Hospital and Healthcare System and Jean M. Eelma, M.D., No. 53A04-0705-CV-243, is what duty the hospital owed to McSwane's daughter, Malia...
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Incurred risk not malpractice defense

January 1, 2008
Jennifer Nelson
A doctor cannot use evidence of a patient's previous surgeries or pursue an incurred-risk defense against a medical malpractice suit, the Court of Appeals ruled today. In Brenda Spar v. Jin S. Cha, M.D., No. 45A05-0611-CV-683, Spar appealed the jury decision in favor of Dr. Cha in her medical malpractice claim against the OB/GYN for a surgery he performed on her. Spar previously had been in a serious automobile accident and as a result had numerous abdominal surgeries. When she decided to...
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Court upholds damages award

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed a trial court decision that excluded arguments and evidence from the Indiana Patient's Compensation Fund relating to the survival rate of the decedent because their argument regarded liability, which had already been established through a settlement. In Jim Atterholt, Commissioner of the Indiana Department of Insurance as Administrator of the Indiana Patient's Compensation Fund v. Geneva Herbst, personal representative of the estate of Jeffrey A. Herbst, No. 49A04-0702-CV-106, the Indiana Patient's Compensation Fund appealed the grant...
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Settlement may be largest of its kind: State agency resolves federal lawsuit that began with legal malpractice claim

January 1, 2008
Michael Hoskins
An Indianapolis law firm has been holding its breath for two years. Ever since getting hit with a potentially devastating $17.9 million jury verdict on a legal malpractice claim in state court, the 45-year-old law firm Fillenwarth Dennerline Groth & Towe hasn't been able to put the focus on its daily client business without acknowledging that dark storm cloud hovering overhead. Now, the storm cloud has dissolved. In what may be the state's largest-ever liquidation return of its kind, the Indiana...
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Supreme Court rules on med mal fees

January 1, 2007
Michael Hoskins
Medical malpractice attorneys are sighing in relief after a much-anticipated ruling by the Indiana Supreme Court this afternoon.Justices granted transfer and issued a per curiam opinion this afternoon on a case that had the potential to dramatically change how med mal attorneys recover fees in these types of cases.But instead of altering that, the unanimous ruling stipulates that the fee structure often used by these med mal attorneys can stand, and the court offers guidance for attorneys seeking to ensure fee...
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Supreme Court will hear 5 arguments this week

January 1, 2007
Michael Hoskins
A mobile home demolished more than a year ago is the subject of one of several oral arguments the Indiana Supreme Court will hear this week.Justices will hear three cases Tuesday, and two more are scheduled for Thursday, but the court has granted transfer in only two of those cases so far.The mobile home-related argument tomorrow is in Ernestine Waldon v. Donna Wilkins, 18A04-0604-CV-199, which comes out of Delaware County. After deciding a mobile home was unfit to live in, the...
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High court rules doctor can sue in med mal case

January 1, 2007
Jennifer Nelson
The Indiana Supreme Court ruled that summary judgment should not have been granted because it prohibited a doctor from asserting a statutory negligence claim against a medical malpractice claimant, her attorney, and her attorney's law firm.In the ruling Wednesday, Justices Brent Dickson and Ted Boehm concurred, with Chief Justice Randall Shepard concurring in a separate opinion. Justice Frank Sullivan concurred in part and dissented in part with a separate opinion in which Justice Robert Rucker concurred.In Eusebio Kho M.D. v Deborah...
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Supreme Court grants 5 transfers

January 1, 2007
Michael Hoskins
Indiana's top jurists granted transfer Wednesday in five cases and will consider issues involving physicians who leave foreign objects in a patient's body, parental termination hearings conducted without the parent, timely court-filing deadlines, and the sentencing options courts have after probation violations.In Russell Prewitt v. State of Indiana, No. 10A04-0610-CR-589, the Court of Appeals in April reversed a Clark County case in which the judge revised a sentence after the defendant violated his probation. The appellate judges held that the lower...
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Court: Wrongful death claim timely filed

January 1, 2007
Jennifer Nelson
Indiana's professional statute of limitations does not trump the state's Wrongful Death Act's statute of limitations, ruled the Indiana Court of Appeals. In The Estate of Martha O'Neal, by personal representative Therese Newkirk v. Bethlehem Woods Nursing and Rehabilitation Center, LLC, No. 90A05-0705-CV-271, the appellate court was asked to decided if the statute of limitations had expired prior to O'Neal's estate filing a wrongful death complaint against Bethlehem on Oct 22, 2003. O'Neal was admitted to Bethlehem for rehabilitation on Sept. 10,...
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Court rules on med mal statute of limitations

January 1, 2007
Michael Hoskins
The Indiana Court of Appeals today reversed and remanded to Lake Circuit Court a medical malpractice case, holding that it is unconstitutional to apply the state statute's "occurrence-based" nature to the man suing a surgeon.In Victor Herron v. Anthony A. Anigbo, M.D. http://www.in.gov/judiciary/opinions/pdf/05230712jsk.pdf , No. 45A03-0608-CV-378, the three-judge panel ruled the trial court erred in concluding that Herron's discovery date allowed for sufficient knowledge to discover the malpractice.The suit stems from Herron's fall outside his home and his admittance to a...
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  1. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  2. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  3. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  4. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  5. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

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