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.
Justices to hear oral argument on civil forfeiture case, two othersThe Indiana Supreme Court will hear oral argument in three cases on Thursday, including a case dealing with the distribution of civil forfeiture proceeds.
The Indiana Court of Appeals reversed the grant of summary judgment for two insurance companies when it found they were estopped from denying the applicability of the Indiana Medical Malpractice Act to their claims.
Questions raised regarding the meaning of the term “principal office” will be heard in an Appeals on Wheels oral argument Tuesday morning at Ivy Tech Community College.
Health care providers who removed part of a man’s lung after a biopsy sample was misread as likely cancerous are entitled to summary judgment in his medical malpractice case, the Indiana Court of Appeals ruled Tuesday, reversing a trial court ruling.
The Indiana Court of Appeals affirmed a venue switch for a medical malpractice case from Marion County to Monroe County on Tuesday, finding Marion County was not a county of preferred venue.
An Indianapolis attorney currently under an indefinite suspension for failing to cooperate with a disciplinary investigation has now been suspended for one year after neglecting an elderly client’s medical malpractice case, leading to its dismissal.
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.
The Indiana Court of Appeals affirmed a jury verdict in favor of a doctor sued for malpractice after a patient died, finding the trial court didn’t err in limiting the plaintiff’s evidence.
The Indiana Court of Appeals has granted summary judgment to physicians and their hospitals in three nearly identical medical malpractice and wrongful death cases filed more than seven years after the deaths of three patients after finding the actions could have been filed years prior.
A federal jury Friday awarded $15 million in damages on behalf of a woman who claimed a Carmel imaging center failed to identify a tumor that went untreated and undetected for nearly 18 months, severely reducing her chances of surviving cancer.
A jury in Orange City, Iowa, has awarded $29.5 million to the family of a northwest Iowa woman who died after she had an allergic reaction to a dye she was given for a medical scan.
After a man who filed a wrongful death suit for his wife died intestate and without heirs while the suit was pending, the Court of Appeals concluded the estate’s personal representative could not claim survivor damages.
The Indiana Court of Appeals has affirmed summary judgment for a podiatrist facing a medical malpractice claim, but opined that his failure to keep adequate medical records should have been grounds to allow the claim against him to continue.
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.
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.
The Indiana Court of Appeals has affirmed the dismissal of a medical malpractice complaint after determining the plaintiff engaged in intentional conduct over six years that delayed the panel’s proceedings.
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.
A dispute over whether doctors who report suspected child abuse are protected under Indiana statute will come before the state’s high court this week — one of three oral arguments the court will hear Thursday.
A doctor who reported medical child abuse to the Department of Child Services was not protected by the state’s anti-SLAPP statute, the Indiana Court of Appeals ruled Friday in a case of first impression.