Articles

Appellate court says preferred venue statute is void

The Indiana Court of Appeals has held that a statute concerning preferred venue in corporate lawsuits is void because it conflicts with an Indiana Supreme Court-adopted trial rule. The appellate court’s ruling upheld the denial of a change of venue motion in a medical malpractice case based on the statute being a nullity.

Read More

7th Circuit rules for paramedic in patient-arrestee’s death

Case law does not clearly establish that a paramedic can violate a patient-arrestee’s Fourth Amendment rights by exercising medical judgment to administer a sedative in a medical emergency, the 7th Circuit Court of Appeals affirmed Wednesday.

The court ruled in the paramedic’s favor on all counts brought by the estate of a man sedated during a naked public rampage.

Read More
miller-muller-450bp.jpg

Med-mal, PI firm reorganizes, ready for next 38 years

After almost 38 years in business, Montross Miller Muller Mendelson & Kennedy has undergone a significant reorganization. Two founding partners, John Muller and Tilden Mendelson, retired in 2017, and all four associates — Nathan Miller, Belinda Kunczt, Brad Kallmyer and Kerri Farmer — have been made partners.

Read More

DTCI: My doctor is liable for how much?

As attorneys who practice frequently in the area of medical negligence, it is not uncommon to be presented with a case in which the plaintiff seeks damages under both the Medical Malpractice Act (MMA) and the Wrongful Death Act. This article describes how these statutes work together, how to apply the caps, and discusses when a provider can be responsible for paying more than the MMA cap.

Read More

Summary judgment for gastroenterologist affirmed

The Indiana Court of Appeals has affirmed summary judgment for a gastroenterologist who was alleged to have committed malpractice by not informing a patient of the criteria for a liver transplant. The court ruled Friday the patient’s estate failed to prove their claim should be allowed to proceed after a seven-year delay in its filing.

Read More