Justices to hear in-person arguments next week
The Indiana Supreme Court will hear arguments in person next week in three cases, including a dispute over a missed hepatitis diagnosis and allegations of a breached settlement agreement.
Medical malpractice
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Insurer must pay malpractice settlement, 7th Circuit affirms
Judgment against an insurer in the most recent decision involving a nearly 20-year-old medical malpractice case was affirmed Tuesday by the 7th Circuit Court of Appeals.
Divided 7th Circuit upholds judgment against mom of injured child
A mother whose son was injured in a “traumatic” birth experience cannot proceed with her tort claims against the federal government because her claims were untimely, a divided panel of the 7th Circuit court of Appeals has ruled. A dissenting judge, however, warned of setting an “extraordinarily harsh” standard.
Justices to hear arguments in med-mal case over hepatitis misdiagnosis
The Indiana Supreme Court has agreed to hear arguments in a case brought by a woman who was incorrectly told a hepatitis test was negative when the test revealed she was, in fact, hepatitis positive.
Supreme Court accepts certified questions from 7th Circuit in med-mal case
The Indiana Supreme Court has scheduled arguments and is accepting briefs in a case involving certified questions from the 7th Circuit Court of Appeals addressing the Indiana Medical Malpractice Act and Indiana Patient’s Compensation Fund.
Appellate courts to hear med-mal, disability cases next week
Indiana’s appellate courts are set to hear arguments next week in a case related to medical malpractice and one dealing with disability issues arising under Kentucky law.
7th Circuit certifies 2 med-mal questions to Indiana Supreme Court
The 7th Circuit Court of Appeals has certified two questions to Indiana’s Supreme Court justices in a Wednesday opinion, asking for clarification in a Medical Malpractice Act dispute.
COVID liability immunity bills advance, but questions of scope remain
Legislation in the Indiana Senate that would protect businesses from COVID-related liability is one step closer to becoming law, having reached the full Senate floor for a successful vote on an amendment offered by the bill’s author. Meanwhile, companion legislation in the Indiana House passed out of committee this week.
Ex-Boone County pediatrician convicted of molesting patients loses appeal
A former Boone County pediatrician convicted on multiple charges of sexual misconduct against his minor patients has lost his appeal of his felony convictions and his consecutive sentences.
Appeals court reverses for patient in med-mal case
A woman suing her doctor for medical malpractice won a reversal in her favor Friday after the Indiana Court of Appeals found she provided sufficient evidence regarding the applicable standard of care.
Settlement of $66.5M resolves 262 lawsuits alleging unnecessary cardiology procedures
With the announcement of a multi-million-dollar settlement last month, long-running litigation against a northwest Indiana cardiologist and his associates is seemingly drawing to a close. But the scale and specifics of the allegations against Dr. Arvind Gandhi and his colleagues at Cardiology Associates of Northwest Indiana P.C. are still difficult to discern.
Med-mal plaintiffs reach $66M settlement against northwest Indiana cardiologist
A settlement exceeding $66 million has been announced in favor of more than 260 patients who claimed they were the victims of malpractice at the hands of a northwest Indiana doctor who allegedly performed unnecessary cardiac procedures and device implantations.
Vigo County man not barred from vicarious liability suit against hospital
The Indiana Court of Appeals affirmed Thursday for a former hospital patient in an interlocutory appeal, finding the man is not barred from proceeding with his allegations of vicarious liability/physician negligence in his submission to be evaluated by a medical review panel.
Compelled contract? Indiana Supreme Court considers arbitration agreement in nursing home lawsuit
After hearing oral argument on petition to transfer Sept. 24, the court must now decide if it will rule in a dispute filed by an elderly woman and her representative against the Carmel assisted living facility where the woman once lived and an independent contractor hired by the facility who is accused of raping her.
COA reverses judgment for IU Health on patient’s liability claim
Judgment for IU Health on a complaint stemming from a near-fatal surgery has been reversed, with the Indiana Court of Appeals finding an issue of fact as to whether the patient in question knew his anesthesiologist was an independent contractor.
Reversal grants estate compelled arbitration in nursing home med-mal case
The Indiana Court of Appeals has reversed the denial of an estate’s motion to compel arbitration against a nursing facility after concluding that the Indiana Medical Malpractice Act does not apply in the case.
Ex-fertility doctor who used own sperm must face civil lawsuit, COA affirms
A former Indianapolis fertility doctor who used his own sperm to impregnate dozens of women through artificial insemination must face a negligence complaint brought against him by the son of one of his patients, the Indiana Court of Appeals affirmed Wednesday.
Alleged alteration of medical records requires second review panel, COA rules
A man whose medical records were allegedly altered by practitioners cannot independently pursue a suit over that alteration without first proceeding through a separate medical review panel, the Indiana Court of Appeals ruled Monday.
Divided justices order new trial in wrongful death suit involving unwilling juror
Indiana Supreme Court justices on Thursday split in ordering a new trial in a wrongful death case involving an unwilling juror and a denied for-cause challenge.
Divided COA panel finds for woman wrongly told hepatitis test was negative
A woman who learned years after she had been told that a hepatitis test was negative that in fact the test had come back positive had her case reinstated June 26 by the majority of an Indiana Court of Appeals panel. Two of three judges found a clinic fraudulently concealed the woman’s positive test result.