Articles

Justices deny transfer to murderer, parents’ appeals

Indiana Supreme Court justices unanimously denied transfer to more than 20 cases last week, including appeals from a man who is serving 70 years behind bars for murdering his girlfriend and from parents who claim medical care providers failed to properly treat their infant daughter.

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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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