Indiana Medical Malpractice Archives - Page 3 of 11

Indiana Appellate Court Disallows Law Firm’s Early Exit From Legal Malpractice Claim Where It Failed To Timely File Medical Malpractice Case

September 25, 2023

To prevail on a legal malpractice claim, the plaintiff has the burden of establishing the elements of the underlying medical malpractice claim. A claim of medical malpractice requires proof that (1) a duty was owed to the patient by the doctor, (2) the doctor breached that duty by allowing his condu[...]

Indiana Appellate Court Finds Claim For Alleged Inappropriate Sexual Contact During Medical Examination Is Not Medical Malpractice Claim

September 11, 2023

Inappropriate Sexual Contact During Medical Examination Is Not Medical Malpractice: The Indiana Medical Malpractice Act defines “malpractice” as “a tort or breach of contract based on health care or professional services that were provided, or that should have been provided, by a health care p[...]

Indiana Appellate Court Rules Claims Against Athletic Trainer Fall Under Indiana Medical Malpractice Act

August 11, 2023

Claims Against Athletic Trainer Fall Under Indiana Medical Malpractice Act: In its Opinion dated June 4, 2023, the Court of Appeals of Indiana held: “the trial court erred by denying Appellants’ motion to dismiss because IncreMedical and AT Gonzalez are qualified health care providers pursua[...]

$2.6 Million Indiana Medical Malpractice Verdict For Botched Cardiac Catheterization

July 18, 2023

$2.6 Million Verdict For Botched Cardiac Catheterization: On May 25, 2023, an Indiana medical malpractice jury returned its verdict in the amount of $2,670,000 in favor of a woman who suffered a serious injury to her leg as a result of a cardiac catheterization procedure in 2012 that took place at t[...]

Indiana Appellate Court Affirms Claim For Unauthorized Access To Medical Records Not Medical Malpractice Claim

June 24, 2023

Unauthorized Access To Medical Records Not Medical Malpractice: A lawsuit filed by patients who claimed that a nurse who was provided access to patient medical records by a hospital as part of her job accessed their medical records without their consent alleged, in part: CRH gave Johnson-Heck clinic[...]

Indiana Attorney General Seeks Summary Suspension Of OBGYN For Alleged Sexual Assaults

March 12, 2023

Summary Suspension Of OBGYN For Alleged Sexual Assaults: Indiana’s Attorney General filed on January 13, 2023 a Petition for Summary Suspension (“Petition”) with the Medical Licensing Board of Indiana seeking the summary suspension of an Indiana OBGYN who is accused of sexually ass[...]

Indiana Appellate Court Rules Physical Therapist Cannot Opine As To The Alleged Medical Negligence Of A Chiropractor

February 20, 2023

Physical Therapist Cannot Opine As To The Negligence Of A Chiropractor: In an Indiana medical malpractice case against a chiropractor who allegedly injured a patient, the Court of Appeals of Indiana (“Indiana Appellate Court”) stated in its December 14, 2022 Memorandum Decision: “H[...]

Indiana Appellate Court Rules Expert’s Deficient Affidavit Doomed Medical Malpractice Case

January 21, 2023

Expert’s Deficient Affidavit Doomed Malpractice Case: On August 3, 2017, Penny Korakis was in an automobile accident and was taken to the Hospital for emergency care. Among other things, Korakis reported pain extending from her left hand to her left shoulder. She received medical careand treat[...]

Indiana Appellate Court Rules Claim For Sexual Assault By Hospital Nurse Is Not Covered By Indiana’s Medical Malpractice Act

December 11, 2022

Court Rules Claim For Sexual Assault By Hospital Nurse Is Not Covered By Malpractice Act: After a hospital patient who was sexually assaulted by her nurse settled her claims against the hospital, she filed a claim under the Indiana Medical Malpractice Act (“MMA”) to obtain compensation f[...]

Indiana Supreme Court Holds Employee’s Unauthorized Access To Relatives’ Medical Records Does Not Fall Under MMA

September 1, 2022

The Indiana Supreme Court stated in its April 13, 2022 opinion where an employee of a health-care provider improperly accessed and disclosed information from numerous patients’ medical records, “We conclude that the Medical Malpractice Act does not apply to these circumstances. We then find [...]

Recoverable Damages In Negligent Reproductive Health Care Cases

Indiana Appellate Court Holds Collateral Estoppel Did Not Apply In Case Against Mental Health Providers

August 14, 2022

On several occasions in December 2016 and early January 2017, the defendant mental health providers (“Providers”) rendered care and treatment to Plaintiff Zachary Miller (“Miller”) regarding his mental health issues. On January 9, Miller killed his grandfather. As a result, t[...]

Indiana Supreme Court Holds Medical Malpractice Act Does Not Apply To Indemnification Claim Between Medical Providers

August 2, 2022

Court Holds Malpractice Act Does Not Apply To Indemnification Claim: In its opinion dated March 8, 2022, the Indiana Supreme Court stated: “Today, we’re asked to extend the reach of the Medical Malpractice Act (MMA or Act) to include a claim for indemnification by one medical provider agains[...]

« 1 2 3 4 5 6 7 8 … 11 »

Category: Indiana Medical Malpractice