Health Care - The Indiana Lawyer

Medically induced disputes causing some heartburn

July 24, 2019 | Marilyn Odendahl

While the debate rages over the safety of immunizations, family law attorneys in Indiana say that issue is rarely a source of discord between divorced, separated or unmarried parents. However, arguments over medications and doctor’s appointments happen frequently, such as claims that a former spouse goes to the doctor every time the child has a sniffle or others asserting their child should have been taken to an urgent care center instead of the emergency room.

AG Hill won’t appeal injunction of second-trimester abortion law

July 17, 2019

Indiana will not appeal a federal court order blocking a new law that would have banned the most common form of second-trimester abortions, Attorney General Curtis Hill announced Wednesday.

COA: Claim of man killed by kick falls under Medical Malpractice Act

July 12, 2019

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.

Lilly general counsel among 2 departing senior executives

July 11, 2019

Eli Lilly and Co. announced Thursday that two of its top executives are leaving the company, including Mike Harrington, senior vice president and general counsel, who said he plans to retire at the end of the year.

Midwife ordered to cease operations in wake of child’s death

July 10, 2019

A northwestern Indiana midwife accused of practicing without a license has been ordered to cease her work following a lawsuit by the state in the wake of the death of an unborn child.

Health care headache: Ruling bars ISBA from offering insurance to solos, but leaders seek options

July 10, 2019 | Marilyn Odendahl

When the federal district court in Washington, D.C., ruled in a dispute over the Employee Retirement Income Security Act of 1974 (ERISA), Indiana State Bar Association president Todd Spurgeon heard the screech of a locomotive coming to sudden stop.

Kiefer & Gaerte: Defending addicted doctors has hidden consequences

July 9, 2019

The opioid crisis plaguing the U.S. affects people in all walks of life, including doctors. A significant number of physicians suffer from chronic pain and use opioids to cope and to allow them to continue to practice medicine. Lawyers representing these doctors must be aware of the myriad ramifications and consequences of addiction for licensed physicians.

Eckerle & Long: Telemedicine tips for Indiana care providers and counsel

July 9, 2019

Although the practice of telemedicine has existed for many years, the statutory and regulatory requirements, technology, and best practices are constantly evolving. Attorneys advising health care providers on telemedicine matters should be aware of several key factors in that evolutionary process.

Lawsuit filed against unlicensed Porter County midwife

July 3, 2019

The state of Indiana is suing a Porter County midwife who says she is exempt from state licensing requirements to continue practicing midwifery. A judge, meanwhile, has ordered the midwife to stop delivering babies and attending to expectant mothers.

Reversal: COA enters judgment for providers in med-mal case

June 28, 2019

A woman’s medical malpractice claim over a failed femur rod was filed too late and should not have been allowed to proceed, the Indiana Court of Appeals ruled Friday, reversing a northern Indiana trial court.

Disputed South Bend abortion clinic set to open

June 20, 2019

A group says it plans to begin accepting patients at an abortion clinic in the northern Indiana city of South Bend next week.

Appellate panel considers med-mal claim in wrongful death suit

June 14, 2019

An appellate panel considered Wednesday whether a healthcare facility employee’s act of kicking a resident, resulting in his death, could be shielded from liability under the Indiana Medical Malpractice Act.

Evansville CNA gets probation for slipping anxiety meds into seniors’ food

June 13, 2019

A Vanderburgh County nursing aid has been sentenced to more than two years of probation after slipping anxiety medication into the food of senior citizens she was charged with caring for.

‘Historic’ opioid trial raises questions, possible answers

June 11, 2019

What’s being called a historic trial is underway in Oklahoma — the first against a drugmaker accused of contributing to the opioid crisis.

9th Circuit weighs if climate change violates children’s rights

June 5, 2019

In a Portland, Oregon, courtroom packed with environmental activists, federal judges wrestled Tuesday with whether climate change violates the constitutional rights of young people who have sued the U.S. government over the use of fossil fuels.

Nurse who battered stroke patient gets probation

June 5, 2019

An Indiana nurse convicted of battering a hospital stroke patient has been sentenced to six months of probation.

South Bend abortion clinic gets go-ahead from federal judge

June 3, 2019

A federal judge has granted an abortion provider’s motion for a preliminary injunction to open the doors of a South Bend abortion clinic without a state-required license, prompting an immediate appeal from the state.

Fort Wayne electronic health records company to pay states $900K after data breach

May 30, 2019

A Fort-Wayne based electronic health records company has agreed to pay $900,000 to settle an Indiana-led multistate lawsuit filed after a data breach compromised the personal health information of nearly 4 million people.

Appeals panel upholds Muncie doctor’s convictions

May 29, 2019

The Indiana Court of Appeals has affirmed the forgery and prescription-related offenses for a Muncie doctor alleged to have overprescribed pain medication to patients by using his nurse practitioners’ names to sign the orders.

Civil commitment laws shifting across states

May 28, 2019

While Indiana justices recently stressed the great public importance of proper adjudication of soaring mental health filings, states across the country are dealing with rising caseloads in no uniform way.

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