malpractice

Senate to hear bill banning attorney indemnification clauses

January 26, 2017
Olivia Covington
A bill designed to prevent attorneys from prohibiting clients from filing legal malpractice claims will soon be heard by the full Indiana Senate.
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COA: Causation questions remain in med-mal suit

January 15, 2016
Jennifer Nelson
A woman initially treated for an aggressive form of cancer, only to later discover she was suffering from a far-less serious form of the disease, can proceed with her lawsuit against a doctor she alleges was negligent in catching her cancer early.
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COA: Doctor had duty to nurse practitioner’s patient who died

December 31, 2015
Jennifer Nelson
An Indiana doctor who entered into an agreement with a nurse practitioner to review her prescription practices had a duty to one of the nurse practitioner’s patients, who later died in part because of medicines prescribed to him.
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COA reverses finding attorney entitled to malpractice coverage

October 15, 2015
Jennifer Nelson
A trial court improperly concluded that an Auburn, Indiana, attorney did not make a material representation in his application for renewal of malpractice insurance, the Indiana Court of Appeals held Thursday in reversing summary judgment in favor of the attorney.
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COA: Declaratory judgment wrongly denied in malpractice case

July 8, 2015
Dave Stafford
A trial court wrongly denied a plaintiff’s motion for a declaratory judgment arising from an inability to select a panelist to review a malpractice dispute on behalf of a woman who died after a stroke.
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Court rules litigants are responsible for lawyers ‘asleep on the job’

July 8, 2015
Marilyn Odendahl
Although the 7th Circuit Court of Appeals agreed the party of investors did have a “poor lawyer,” the panel declined to overturn the nearly $450,000 judgment against them, saying “legal bungling … does not justify reopening a judgment.”
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Journey’s Account Statute does not save woman’s complaint against DOC

May 12, 2015
Jennifer Nelson
A transgendered inmate of the Department of Correction lost before the Court of Appeals in a case seeking personal injury damages from the DOC. The inmate's instant complaint is time-barred and not saved by the Journey's Account Statute, the COA held.
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Attorney did not breach any duty owed to Conour clients

April 22, 2015
Jennifer Nelson
An Indianapolis attorney who spent several years working in a firm with attorney William Conour satisfied his legal duty to clients of Conour based on his lack of knowledge of any specific wrongdoing by Conour related to the clients, the Indiana Court of Appeals ruled. Conour is currently in federal prison for stealing from client settlement funds.
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Protecting Your Practice: Importance of informing your malpractice insurer early

March 25, 2015
Dina Cox
Lawyers are humans, too. We make mistakes. Because mistakes happen, we protect ourselves from potential claims and suits by investing in malpractice insurance. But unless you read your policy closely and comply with its provisions, you run the risk of being denied coverage and having to pay the entire cost of an expensive mistake. Here are some tips to help you avoid finding yourself in that predicament.
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Ex-Conseco board member owes legal fees, may pursue malpractice claim

September 19, 2014
Dave Stafford
A pre-bankruptcy board member of Conseco Inc. was ordered to pay $127,592.21 in outstanding legal fees, but he may pursue legal malpractice claims, a federal judge ruled Thursday.
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Valpo attorney charged with $1.6M theft held in contempt in civil suit

February 17, 2014
Dave Stafford
A Porter County lawyer allegedly stole more than $1.6 million from four companies owned by a client he represented for decades, according to criminal charges filed against him.
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Malpractice complaint hobbled by ongoing foot pain

November 27, 2013
Marilyn Odendahl
A woman who suffered with a troubled toe for four years got her medical malpractice claim booted by the Indiana Court of Appeals for waiting too long to file the complaint.
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  1. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  2. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

  3. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  4. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  5. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

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