A man’s estate could not convince an appellate panel that a psychiatric center where he was staying was liable for his death based on the theory of premises liability after he died from injuries sustained after he was kicked by an employee.
The Indiana Court of Appeals has reversed and remanded a judgement in favor of an East Chicago hospital and doctor after finding the Medical Malpractice Act did not govern a claim alleging the doctor negligently shared a patient’s health information.
The Indiana Court of Appeals reversed the grant of summary judgment for two insurance companies when it found they were estopped from denying the applicability of the Indiana Medical Malpractice Act to their claims.
An Indianapolis attorney currently under an indefinite suspension for failing to cooperate with a disciplinary investigation has now been suspended for one year after neglecting an elderly client’s medical malpractice case, leading to its dismissal.
Case law does not clearly establish that a paramedic can violate a patient-arrestee’s Fourth Amendment rights by exercising medical judgment to administer a sedative in a medical emergency, the 7th Circuit Court of Appeals affirmed Wednesday.
The court ruled in the paramedic’s favor on all counts brought by the estate of a man sedated during a naked public rampage.
The Indiana Court of Appeals will travel to Fort Wayne this week to hear oral argument in a medical malpractice appeal. Judges Edward Najam, Paul Mathias and Terry Crone will hear Cindy and Ron Glon v. Memorial Hospital of South Bend, Inc., 18A-CT-00049 at 10 a.m. Thursday at the Allen County Courthouse.
The Indiana Court of Appeals affirmed a jury verdict in favor of a doctor sued for malpractice after a patient died, finding the trial court didn’t err in limiting the plaintiff’s evidence.
The Indiana Court of Appeals has affirmed summary judgment for a podiatrist facing a medical malpractice claim, but opined that his failure to keep adequate medical records should have been grounds to allow the claim against him to continue.
A medical malpractice case against a Franklin County chiropractor must proceed to trial after the Indiana Court of Appeals held Wednesday that chiropractors, including those on medical review panels, are not qualified to render opinions on the cause of injuries when a case involves a “complex” causation issue.
Can parties present evidence or theories at trial that were not presented to the medical review panel?
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.
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.
An Indiana Court of Appeals judge found it troubling that a member of a medical review panel that unanimously found defendants breached their duty of care to a patient could later issue an affidavit in which he changed his mind relating to a doctor accused of medical malpractice.
More medical malpractice cases could be filed directly in state trial courts without first having to go through the exhaustive and mandatory medical review process under legislation pending in the Indiana Senate. A proposal in the Indiana House of Representatives aims to raise the caps on damages and insurer liability.
Medical malpractice claims of up to $50,000 would go directly to court under a proposal that cleared an Indiana Senate committee Wednesday.
The medical review panel process plays an important role in medical malpractice litigation, including separating meritorious claims from meritless claims. The panel process and its effect on subsequent or concurrent litigation in court are the subjects of numerous debates and a large body of case law on a variety of issues. This article addresses two such issues: (1) a medical provider’s right to anonymity when a party files a motion for preliminary determination during the panel process; and (2) whether the statutory 90-day period following the issuance of the medical review panel’s opinion should be added to any time remaining under the statute of limitations before the plaintiff files a claim with the Indiana Department of Insurance.