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.
The Indiana Supreme Court reinstated a medical malpractice case against a Richmond doctor accused of failing to meet the standard of care in examining a pregnant woman whose child subsequently was stillborn.
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.
The Indiana Supreme Court by a vote of 3-2 decided this week to not take the case of a man who sued for medical malpractice those who treated his now-deceased wife. The lower court and Court of Appeals found no existence of a physician-patient relationship between the on-call hospital specialist and the wife, the issue that caused two justices to dissent.
A woman who gave her son’s 17-year-old girlfriend another person's ID and posed as her mother to help her obtain an abortion was not properly dismissed from a lawsuit brought by the pregnant girl’s mother, the Indiana Court of Appeals ruled Friday. Summary judgment in favor of Planned Parenthood of Indiana was proper, the court held.
The Indiana Court of Appeals sidestepped the question of whether a previous decision is valid when determining that a woman who brought a medical malpractice claim against a hospital can pursue a negligence claim against the hospital’s pharmacist. The plaintiff did not present that negligence claim before the medical review panel.
A proposal to allow clear medical malpractice claims to go directly to court rather than through medical review panels was defeated Monday in the Indiana Senate.
A doctor named as a defendant in a malpractice lawsuit was not required to pay more than $2,000 toward the deposition fees of the plaintiff’s expert, the Indiana Court of Appeals ruled.
A trial court erred in granting summary judgment to a hospital and a doctor who performed a hysterectomy during which an arm board became unattached. After the patient’s arm dangled for much of the surgery, she was diagnosed with nerve damage in her arm.
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 Indiana Court of Appeals chastised a pro se litigant for supporting his medical malpractice claim with only a “perfunctory and self-serving” affidavit instead of submitting expert testimony.
A worker injured on the job by the actions of a co-worker who was taking prescribed narcotic pain killers is not subject to the limitations of Indiana’s Medical Malpractice Act.
In a case involving the conflicts that arise and obligations that remain when lawyers move from one firm to another, the Indiana Court of Appeals concluded that a law firm hired to represent plaintiffs in a medical malpractice lawsuit must be disqualified based on an attorney’s prior representation of the doctor being sued.
The Indiana Court of Appeals ruled in a medical malpractice claim brought by a former inmate who had gender reassignment surgery that the standard of care for doctors practicing inside prisons is the same as the standard of care for those practicing outside of prison.
The Indiana Court of Appeals reversed the denial of summary judgment in favor of a physician and a medical group on a patient’s claim of malpractice after the patient learned his allergic reactions were caused by the disinfectant used by the doctor. The judges held the doctrine of continuing wrong does not apply in this case.
Nineteen new lawsuits and a complaint with the Indiana Attorney General's Office have been filed against three northwestern Indiana cardiologists and a hospital, alleging that open-heart surgeries and other procedures were performed unnecessarily, lawyers said Tuesday.
A trial court erred when it dismissed a woman’s intentional infliction of emotional distress claim filed against Community Hospital after she says staff made derogatory comments regarding her situation after she was brought in unconscious and under the influence of a date rape drug.
The Indiana Court of Appeals Friday affirmed summary judgment in favor of health care providers in a lawsuit brought by a woman claiming doctors did not obtain informed consent before performing a hysterectomy.
The Indiana Supreme Court has sided with an estate in a dispute over whether the Indiana Medical Malpractice Act’s cap on attorney fees from a Patient Compensation Fund award also applies to reduce the fund’s liability. The issue is one of first impression in Indiana.