COA rules for providers on malpractice, negligence claims
The Indiana Court of Appeals ruled in favor of several medical providers it found were entitled to summary judgment on claims of medical malpractice and negligence raised by a former patient.
Medical malpractice
Articles
Questions in med-mal case bring 7th Circuit reversal
A Fort Wayne medical malpractice insurance company got a reprieve from having to cover a multi-million verdict in a wrongful death lawsuit after the 7th Circuit Court of Appeals reversed the grant of summary judgment, finding too many questions are unanswered.
‘Reasonable diligence’ required estate to inquire into medical malpractice
Finding that it was not necessary to pinpoint the trigger date for when the clock began running on the statute of limitations in a medical malpractice case, the Indiana Court of Appeals reversed the denial of summary judgment against a physician, medial practice and hospital.
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.
Justices to hear civil forfeiture argument, 2 others
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.
Med-mal judgment for insurers against hospital reversed
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.
Venue transfer appeal heads to Ivy Tech Indianapolis
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.
Medical malpractice reversal finds for providers
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.
COA affirms med-mal suit venue is Monroe, not Marion County
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.
Attorney who neglected med mal case suspended for year
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.
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.
Malpractice verdict for doctor, barring of late expert witness affirmed
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.
COA: Nearly identical medical malpractice, wrongful death cases filed too late
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.
Jury awards $15M after Indiana cancer patient’s misread CT scan
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.
Family of woman who had reaction to scan dye wins $29.5M
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.
COA: Personal rep in estate case has no claim to survivor damages
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.
Judgment for podiatrist who failed to keep records affirmed
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.
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.
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.
Citing intentional delay, COA tosses med-mal complaint
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.