A new approach promoted by the federal Agency for Healthcare Research and Quality is explicitly aimed at saving hospitals money on malpractice litigation while encouraging more robust scrutiny of what went wrong.
The Indiana Court of Appeals noted in its decision Thursday in a medical malpractice lawsuit that the line of authority that has developed on judicial admissions is based on an error made in a 1990 case. The judges used their opinion to affirm the jury verdict in favor of the defendant doctor and to clarify that judicial admissions are conclusive and binding.
The Indiana Supreme Court reversed summary judgment for a hospital and doctor after it found the doctor’s own evidence creates issues of material fact that need to be settled at trial.
The Indiana Court of Appeals ruled a man was never notified that the doctor treating him was an independent contractor and not an employee and therefore reversed summary judgment to the hospital and remanded the man’s vicarious liability case to the trial court.
Medical malpractice victims will be eligible for more compensation after Gov. Mike Pence signed into law a bill increasing the payment cap for the first time since the 1990s. The cap would increase from the current $1.25 million limit to $1.65 million next year and then to $1.8 million in 2019.
High-profile bills involving restrictions on abortion, increasing the caps on medical malpractice damages and slightly lifting the secrecy of police units at Notre Dame and other private universities are among the unsigned bills remaining on the final day for Gov. Mike Pence to act.
Medical malpractices victims may be able to receive more money now that the Indiana Senate has passed a proposal to increase the compensation cap for the first time in nearly 18 years.
Medical malpractice victims would be able to receive more compensation under a measure an Indiana House committee approved Monday that would update the payment cap for the first time in nearly 18 years.
A man will have his medical malpractice complaint heard after the Indiana Court of Appeals reversed a trial court’s decision to dismiss it.
The affidavits submitted as evidence by the treating physicians being sued for medical malpractice were factually inadequate and did not raise a genuine issue of material fact regarding their care of the plaintiff, the Indiana Court of Appeals held Monday.
A proposal to raise caps on medical malpractice damages by $400,000 appears to face a grim prognosis after a key lawmaker said parties to the legislation have failed to agree on certain provisions of the bill.
A proposal to raise the cap on medical malpractice damages by $400,000, index future increases to inflation and make other reforms to the Indiana Medical Malpractice Act will be introduced to a Senate committee Monday.
The sweeping medical malpractice claims against Dr. Arvind Gandhi and other practitioners at Cardiology Associates of Northwest Indiana could take years to unwind, and they may change the calculus that sets surcharges physicians pay to the Indiana Patient’s Compensation Fund.
The maximum award for medical malpractice would increase by $400,000 under legislation proposed after a study committee last year examined Indiana’s caps. Caps on damages were last raised 17 years ago and have been increased just twice in 40 years.
An Evansville couple is keeping up a decadelong legal fight over their claims of medical malpractice in their daughter's birth that left her a quadriplegic and unable to speak.
With medical errors on the rise in Indiana and many states ruling caps on malpractice damages unconstitutional, plaintiff and defense lawyers and state officials continued to negotiate behind the scenes toward compromise legislation that could increase Indiana’s $1.25 million cap on medical malpractice awards.
Plaintiff and defense lawyers and state officials are close to an agreement on legislation to reform Indiana’s Medical Malpractice Act, a key state senator said Tuesday.
The trial court properly tendered a jury instruction in a medical malpractice case that advised the jury that physicians are not liable for an error in diagnosis or treatment when exercising reasonable care, the Indiana Court of Appeals held Thursday.
Lawmakers recently received conflicting diagnoses for review panels that evaluate medical malpractice claims. Some see them as broken, while others say they represent an ideal system that just needs some TLC.
Proposals to increase the state-imposed $1.25 million cap on damages in medical malpractice cases have some unlikely supporters: Indiana hospitals.