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Medical malpractice

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ARTICLES

Venue transfer arguments face justices’ scrutiny

In back-to-back oral arguments, the Indiana Supreme Court considered whether to grant transfer in two medical malpractice cases seemingly in conflict with each other. The debate: whether Indiana Code § 23-0.5-4-12 is a validly enacted statute or a nullity under the Supreme Court’s interpretation of Trial Rule 75(A)(4) regarding venue.
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DTCI: Questions Remain as 20th Anniversary of Sword Approaches

As the twentieth anniversary of Sword v. NKC Hospitals, Inc., et al. approaches, questions remain. What qualifies as meaningful notice? What are the best steps a hospital or health care entity should take to limit their liability? Will Sword apply to health care providers outside the traditional hospital setting?


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Appellate court says preferred venue statute is void

The Indiana Court of Appeals has held that a statute concerning preferred venue in corporate lawsuits is void because it conflicts with an Indiana Supreme Court-adopted trial rule. The appellate court’s ruling upheld the denial of a change of venue motion in a medical malpractice case based on the statute being a nullity.
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