Indiana Medical Malpractice Archives - Page 4 of 11

Indiana Appellate Court Rules Estate’s Medical Malpractice Claim Filed Too Late

July 30, 2022

Court Rules Estate’s Medical Malpractice Claim Filed Too Late: The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its May 11, 2022 Memorandum Decision “because the Estate sued for medical malpractice and possessed the medical records on which it bases its cla[...]

Indiana Appellate Court Discusses Medical Privacy Issues

April 9, 2022

The Court of Appeals of Indiana (“Indiana Appellate Court”) discussed medical privacy issues and possible causes of action for violating a patient’s medical privacy in its opinion dated February 15, 2022 in a case where plaintiff Amanda Henry (“Henry”) filed claims agai[...]

Indiana Supreme Court Extends Vicarious Liability For Independent Contractor Physician To Non-Hospital Medical Providers

March 28, 2022

The Indiana Supreme Court held in its opinion filed on March 24, 2022: “In Sword v. NKC Hospitals, Inc., our Court adopted the Restatement (Second) of Torts section 429 and held that a hospital may be held vicariously liable for the tortious conduct of an independent contractor through apparen[...]

Indiana Appellate Court Revives Medical Malpractice Complaint

January 14, 2022

In its opinion dated December 15, 2021, the Court of Appeals of Indiana (“Indiana Appellate Court”) revived an Indiana medical malpractice complaint that the trial court had dismissed. The Underlying Facts Plaintiff Stromblad filed her proposed Indiana medical malpractice complaint with [...]

Indiana Appellate Court Rules Mental Health Providers May Be Liable For Patient Killing His Grandfather

December 28, 2021

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its November 12, 2021 opinion in a mental health malpractice case where a patient killed his grandfather: “the imminent danger prong allows consideration of all Zachary’s conduct and statements during the month l[...]

Indiana Appellate Court Affirms Hospital Not Entitled To Summary Judgment For Surgeon’s Botched Gallbladder Surgery

October 11, 2021

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its Memorandum Decision dated September 15, 2021: “The record in this case, unlike that in Hiland, contains evidence that the patient believed the surgeon was an employee of Hospital. Newlin visited the surgeon in [...]

Indiana Supreme Court Holds Statute Of Repose Precludes Plaintiff’s Fraudulent Concealment Of Medical Diagnosis Claim

September 25, 2021

The Indiana Supreme Court stated in its opinion dated August 31, 2021: “the plaintiff, having been misinformed of a medical diagnosis by her provider, which dissolved its business more than five years prior to the plaintiff filing her complaint, seeks relief for her injuries on grounds of frau[...]

Indiana Appellate Court Rules No Subject Matter Jurisdiction Where Medical Negligence Theory Not Presented To Medical Review Panel

August 9, 2021

The Court of Appeals of Indiana (“Indiana Appellate Court”) stated in its July 8, 2021 opinion, “we are asked to determine whether a medical malpractice plaintiff’s proposed complaint encompassed a particular theory of negligence, such that the plaintiff can be said to have prese[...]

Indiana Supreme Court Extends Medical Malpractice Act Requirements To Third-Party Plaintiffs

July 18, 2021

The Indiana Supreme Court, in its opinion filed on June 30, 2021, held: “the [Indiana Medical Malpractice] Act applies where a plaintiff alleges that a qualified health-care provider’s negligent treatment of someone else caused the plaintiff to suffer an injury.” Background Facts In 20[...]

Indiana Appellate Court Affirms Medical Malpractice Act Applied To Denied Access To Electronic Medical Records Claim

June 18, 2021

The wife of a man who suffered a stroke after being treated on three different occasions at the defendant health care facility filed a proposed complaint for medical malpractice on March 17, 2015, and several amended proposed complaints thereafter, with the Indiana Department of Insurance (“DOI”[...]

Indiana Appellate Court Rules Indemnity Claim Is Subject To Medical Malpractice Act Requirements

May 27, 2021

The Court of Appeals of Indiana (“Indiana Appellate Court”) stated in its opinion filed on May 4, 2021, “The primary issue in this case is whether an indemnity claim by a healthcare provider against another healthcare provider based on alleged medical negligence is subject to India[...]

Illinois Appellate Court Affirms Defense Verdict In Birth Injury Medical Malpractice Case

April 16, 2021

In its opinion filed on March 26, 2021, the Illinois Appellate Court First District Sixth Division (“Illinois Appellate Court”) stated in affirming the defense verdict in a birth injury medical malpractice case: “we cannot conclude that the jury’s general verdict for Goodwin and [...]

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Category: Indiana Medical Malpractice