Law firm sued over med-mal fees prevails on appeal
An Indianapolis law firm was properly granted summary judgment in a lawsuit brought by a former client in a medical malpractice lawsuit, the Indiana Court of Appeals ruled Wednesday.
Medical malpractice
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Summary judgment proper on issue of causation, COA rules
The Indiana Court of Appeals has affirmed summary judgment in favor of a doctor sued by a patient who claimed a delay in a diagnosis caused him to have increased pain and problems. The evidence doesn’t establish a genuine issue of material fact on the issue of causation.
Trial court correctly determined physician had no duty to patient
The Indiana Court of Appeals agreed with the lower court that summary judgment is appropriate for a physician being sued for medical malpractice because there was no physician-patient relationship.
Woman loses appeal over stillbirth medical malpractice claim
A woman who claimed medical malpractice contributed to a stillborn child failed to persuade the Indiana Court of Appeals that a trial court erred in granting summary judgment in favor of defendants.
Justices to answer whether fund can pursue claim against an insurer
The Indiana Supreme Court has accepted a certified question from a federal court in northern Indiana in a case filed by the Indiana Patient Compensation Fund against a professional liability insurance provider involving claims against former doctor Mark Weinberger.
COA: No material discrepancy between deposition, testimony
The Indiana Court of Appeals reversed summary judgment in favor of a doctor in a lawsuit alleging medical malpractice, finding the trial court should not have stricken the affidavit of the plaintiffs’ expert witness.
Doctor’s statute of limitations defense in med mal claim rejected by justices
A doctor who chose to perform just one biopsy instead of two on a woman who later was diagnosed with cervical cancer is not entitled to summary judgment on his defense asserting the medical malpractice statute of limitations, the Indiana Supreme Court ruled Wednesday.
Lawsuits say Munster cardiologist inserted unneeded defibrillators
A Lake County cardiologist sued for performing surgeries to insert heart defibrillators that two patients say they didn’t need may have performed other such unnecessary procedures, attorneys say.
Medmal claim sent via FedEx before deadline was timely filed
A medical malpractice complaint was timely filed when an attorney delivered it to Federal Express a day before the statutory deadline, the Indiana Supreme Court ruled, reversing lower court orders and remanding the complaint to the trial court.
Judges dismiss interlocutory appeal in Weinberger suit as untimely
The Indiana Court of Appeals has dismissed a patient’s interlocutory appeal in his medical malpractice lawsuit against former doctor Mark Weinberger and related entities, finding it has no jurisdiction to entertain the appeal.
Top cases of 2013
Top cases of 2013 • AM General LLC v. BAE Systems Inc., et al., 71D07-0907-PL00195. St. Joseph Superior Judge Michael P. Scopelitis ruled in April that Humvee maker AM General LLC of Mishawaka is entitled to more than $277 million from the company that supplied kits for troops to retrofit the vehicles with armor, and […]
Judges rule couple did not release medical providers from liability
A trial court appropriately denied the partial summary judgment motion filed by medical providers in a malpractice claim, the Indiana Court of Appeals held, because the plaintiffs did not release the medical group from liability by filing a proof of claim with the doctor’s insurer, which was insolvent and being liquidated.
State not allowed to intervene in Weinberger case
Finding the law does not allow the state to become a party to otherwise private litigation at any stage of the proceedings, the Indiana Court of Appeals reversed its prior order granting the state’s motion to intervene in a settlement reached between former doctor Mark Weinberger and the estate of a patient.
Judges divided over complicated issue of wrongful-death attorney fees
A complex and complicated case regarding whether attorney fees awarded from the Indiana Patient’s Compensation Fund are capped at 15 percent led to a split in the Indiana Court of Appeals. The majority decided that the cap does not apply to the calculation of excess damages of any type from the fund.
Court finds facilities have immunity in suit over detention
The three unidentified entities involved in the detention of a Bloomington man for several days after he refused in-patient treatment for alcoholism are entitled to immunity in his lawsuit alleging medical malpractice, the Indiana Court of Appeals ruled Wednesday.
Malpractice defense accused of ‘egregious mischaracterization’ of record
Defense attorneys who asked for a rehearing from the Indiana Court of Appeals panel that earlier affirmed a trial court medical malpractice jury verdict failed to sway judges who took the opportunity to call out their “egregious mischaracterization” of the record.
Justices revive malpractice suit alleging doctor’s failure to warn patient not to drive
A medical malpractice suit arising from a debilitating head-on automobile crash should not have been disposed of through summary judgment in favor of the doctor, the Indiana Supreme Court ruled Thursday. Justices reversed the order and sent the case back to the trial court.
Delayed submission of filing fee compared to dilemma created by a $7 horse-shoe nail
In overturning the trial court’s ruling, the Indiana Supreme Court compared the case to Poor Richard’s admonition: “For want of a Nail the Shoe was lost; for want of a Shoe, the Horse was lost; and for want of a Horse the Rider was lost, being overtaken and slain by the enemy, all for want of Care about a Horse-shoe Nail.”
Settlement reached in Weinberger medical malpractice suits
Victims split $55 million, but some cases continue for former fugitive Merrillville ‘Nose Doctor.’
Weinberger cases settle for $55M
Hundreds of patients of a former Merrillville ear, nose and throat doctor serving a seven-year federal sentence for health-care fraud will be compensated for their medical malpractice claims through a $55 million settlement.