Medical malpractice

Justices vacate transfer in malpractice case, settlement reached

September 14, 2012
IL Staff
The Indiana Supreme Court has dismissed an appeal of a medical malpractice complaint filed in Porter County because Tim Black and the Department of Insurance have reached a settlement.
More

Proposed med mal complaint fee divides Court of Appeals

September 13, 2012
Jennifer Nelson
In a dissent from Judge Nancy Vaidik involving a proposed medical malpractice complaint filed with the Department of Insurance before filing fees were paid, Vaidik claimed Judge James Kirsch created a new test to determine whether a complaint is timely filed and shifted the burden of ensuring fees are paid to the Department of Insurance instead of the attorney. 
More

DTCI: Negligent infliction of emotional distress

September 12, 2012
There are few torts that have been subject to more expansion and modification in the last 20 years than negligent infliction of emotional distress.
More

Sunburned man gets no relief

September 7, 2012
Marilyn Odendahl
The Indiana Court of Appeals has ruled that a badly sunburned patient failed to meet the burden of res ipsa loquitur in a medical malpractice lawsuit against his dermatologist. 
More

Medical malpractice caps challenged in Indiana, fall elsewhere

August 29, 2012
Dave Stafford
Medical malpractice caps are unconstitutional in Missouri. And in Illinois and Georgia. They might be in Indiana, too, if the justices of the Supreme Court grant Timothy Plank the day in court his attorneys say he is entitled to.
More

Appeals court affirms order for expert witness to indemnify past employer

August 28, 2012
Dave Stafford
An expert for a plaintiff in a medical malpractice case who was ordered to execute a release indemnifying a former employer must do so, the Indiana Court of Appeals ruled Tuesday.
More

Court addresses use of epidemiological evidence in med mal cases

August 22, 2012
Jennifer Nelson
The Indiana Court of Appeals held that the trial court ruled correctly when it did not allow certain epidemiological evidence by a plaintiff’s expert witness in a medical malpractice lawsuit, but the court stopped short of saying this type of evidence could never be admitted in a medical malpractice case.
More

Portion of malpractice statute of limitations ruled unconstitutional in some cases

August 10, 2012
Dave Stafford
A woman’s malpractice lawsuit against the estate of a Marshall County doctor who died more than two decades ago will go forward, the Indiana Court of Appeals ruled. The court found the two-year statute of limitations on medical malpractice claims unconstitutional in certain cases.
More

Disgraced 'Nose Doctor' keeping lawyers busy

June 20, 2012
Dave Stafford
Dr. Mark Weinberger's silence on 350 medical malpractice claims is providing unique experience for Indiana law firms.
More

COA affirms when interest on payments from state fund begins to accrue

May 3, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed the trial court ruling in a dispute over what interest rate is charged and when it begins to accrue on payments due from the Indiana Patient’s Compensation Fund to successful medical malpractice claimants.
More

Medical malpractice judgment upheld by appellate court

April 12, 2012
Jennifer Nelson
The Indiana Court of Appeals has affirmed the $1.25 million judgment against a gastroenterologist after a patient brought a medical malpractice claim for a missed cancer diagnosis. The judges found the trial court didn’t abuse its discretion in excluding certain evidence.
More

Court preserves woman's day in court despite delays

April 5, 2012
Michael Hoskins
The Indiana Court of Appeals has reversed a trial judge’s order to dismiss a woman’s medical malpractice case because of her failure to comply with discovery deadlines and trial rules, finding that the decision to deny her a day in court was too harsh.
More

Court of Appeals reverses medical malpractice ruling

March 15, 2012
Michael Hoskins
Determining that a question exists about when the statute of limitations started running on a proposed medical malpractice complaint, the Indiana Court of Appeals has reversed a decision in a case involving the death of a woman at an Indianapolis hospital after receiving medication prior to heart surgery.
More

Justices accept 5 cases

March 5, 2012
IL Staff
The Indiana Supreme Court has taken five cases, including one challenging the constitutionality of the state’s medical malpractice cap and a case on the reasonableness of hospital fees charged.
More

COA reverses trial court in malpractice case

February 10, 2012
IL Staff
The Indiana Court of Appeals has sided with the commissioner of the Indiana Department of Insurance in a medical malpractice case.
More

Justices dismiss malpractice complaint appeal

January 12, 2012
Jennifer Nelson
The 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 Montgomery
A 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.
More

Justices: emotional distress actions not barred

December 13, 2011
Jennifer Nelson
The 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.
More

Court upholds judgment for doctor, health care center

December 7, 2011
Jennifer Nelson
A 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.
More

Justices accept two cases

November 21, 2011
Michael Hoskins
The 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.
More

Appellate court rules man can challenge med mal cap's constitutionality

November 9, 2011
Michael Hoskins
An Indianapolis man will get an evidentiary hearing on whether the state's $1.25 million cap on medical malpractice awards is unconstitutional.
More

COA rules man can challenge med mal act

October 25, 2011
Michael Hoskins
The 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.
More

COA upholds $300,000 verdict, addresses 'patient abandonment'

October 19, 2011
Michael Hoskins
The 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.
More

Recent medical malpractice opinion causes some lawyers concern

September 14, 2011
Jenny Montgomery
Attorneys 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.
More

Judges: State-law claims can proceed

September 8, 2011
Jennifer Nelson
The 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.
More
Page  << 1 2 3 4 5 6 >> pager
Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  2. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  3. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

  4. I have dealt with more than a few I-465 moat-protected government attorneys and even judges who just cannot seem to wrap their heads around the core of this 800 year old document. I guess monarchial privileges and powers corrupt still ..... from an academic website on this fantastic "treaty" between the King and the people ... "Enduring Principles of Liberty Magna Carta was written by a group of 13th-century barons to protect their rights and property against a tyrannical king. There are two principles expressed in Magna Carta that resonate to this day: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land." "To no one will We sell, to no one will We deny or delay, right or justice." Inspiration for Americans During the American Revolution, Magna Carta served to inspire and justify action in liberty’s defense. The colonists believed they were entitled to the same rights as Englishmen, rights guaranteed in Magna Carta. They embedded those rights into the laws of their states and later into the Constitution and Bill of Rights. The Fifth Amendment to the Constitution ("no person shall . . . be deprived of life, liberty, or property, without due process of law.") is a direct descendent of Magna Carta's guarantee of proceedings according to the "law of the land." http://www.archives.gov/exhibits/featured_documents/magna_carta/

  5. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

ADVERTISEMENT