Surgeon loses malpractice appeal in amputation case
A northern Indiana orthopedic surgeon has lost his appeal in a medical negligence case brought by a patient who continued to experience pain in his hand following a finger amputation.
Medical malpractice
Articles
Despite fact dispute, estate must sue psychiatric center under Med-Mal Act
Though there is a dispute about who initiated an altercation between a psychiatric patient and his care provider that led to the patient’s death, the factual dispute does not change an earlier Indiana Court of Appeals determination that a wrongful death claim brought by the patient’s estate is subject to the Medical Malpractice Act.
Court of Appeals affirms dismissal of ‘purely hypothetical’ med-mal question
The Indiana Court of Appeal found a widow’s argument that she should have access to the Indiana Patient’s Compensation Fund was not ripe for judicial review.
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.
COA upholds denial of challenge to 6 med-mal jurors
A judge sitting on a medical malpractice case who denied for-cause challenges to six jurors did not abuse his discretion in denying the challenges, the Indiana Court of Appeals has ruled, pointing to the “substantial discretion” trial court judges have over voir dire.
COA affirms wrongful death rulings against cystic fibrosis patient
Judgments in favor of a hospital, insurance company and ambulance provider were affirmed Thursday in a wrongful death suit brought by a cystic fibrosis patient’s late husband. The woman died from pneumonia after a prolonged ambulance ride toward a lung transplant that ended up at the wrong hospital.
Widower can seek excess damages in med-mal complaint, COA rules
A widower may pursue excess damages from the Indiana Patient’s Compensation Fund upon the Indiana Court of Appeals’ finding that nothing in the Medical Malpractice Act requires him to accept a settlement offer from the doctor he alleged was responsible for his wife’s death.
COA: Claim of man killed by kick falls under Medical Malpractice Act
A man’s estate could not convince an appellate panel that a psychiatric center where he was staying was liable for his death based on the theory of premises liability after he died from injuries sustained after he was kicked by an employee.
Murder appeal among 18 rejected by Indiana justices
The Indiana Supreme Court declined to hear almost all of the appeals before it last week, but did accept two medical malpractice cases it consolidated for the clarification of preferred venue.
Reversal: COA enters judgment for providers in med-mal case
A woman’s medical malpractice claim over a failed femur rod was filed too late and should not have been allowed to proceed, the Indiana Court of Appeals ruled Friday, reversing a northern Indiana trial court.
Justices: Principal office, not agent location, determines venue
A divided Indiana Supreme Court has determined that an organization’s principal office, not the location of its registered agent, is the appropriate preferred venue. The ruling in similar consolidated medical malpractice cases affirms one trial court and reverses another.
Appellate panel considers med-mal claim in wrongful death suit
An appellate panel considered Wednesday whether a healthcare facility employee’s act of kicking a resident, resulting in his death, could be shielded from liability under the Indiana Medical Malpractice Act.
Hovde, Marshsall receive ITLA lifetime achievement, young lawyer honors
The Indiana Trial Lawyers Association’s top honorees for 2019 share something else in common: Before either of them passed the bar, they both got their starts working at the law firms where they would go on to highly successful careers as litigators.
Solo leader: Tom Hamer’s practice path leads to presidency of ITLA
New Indiana Trial Lawyers Association President Tom Hamer talks shop and gives a preview of his plans for leading the state's plaintiffs bar.
COA to hear wrongful death appeal at Indy community center
Whether claims from a deceased man’s estate allege facts that fall under Indiana’s Medical Malpractice Act after he died from a leg injury will be argued during an Appeals on Wheels oral argument Wednesday at the Indianapolis Jewish Community Center.
COA reverses med-mal ruling in favor of doctor, hospital
The Indiana Court of Appeals has reversed and remanded a judgement in favor of an East Chicago hospital and doctor after finding the Medical Malpractice Act did not govern a claim alleging the doctor negligently shared a patient’s health information.
COA: Med-mal dismissal affirmed for counsel’s untimely filings
A woman who partially blamed her attorney’s personal problems for her failure to timely file pleadings in her proposed medical malpractice complaints could not convince the Indiana Court of Appeals that her case should not be dismissed. Among other things, the appellate panel simply found she failed to spend her time wisely.
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.
COA: Medical expert failed to establish knowledge of standard of care
A directed verdict in favor of Hendricks County health care providers accused of failing to adequately care for a baby born with Rh disease has been upheld after the Indiana Court of Appeals found the plaintiffs’ expert failed to establish that he knew the applicable standard of care.
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?