Indiana Medical Malpractice Archives - Page 5 of 11

Indiana Appellate Court Reverses Judgment For Medical Malpractice Defendant

January 5, 2021

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its opinion filed on December 18, 2020 that the medical malpractice plaintiff “presented sufficient evidence regarding the applicable standard of care to defeat [defendant] Dr. Majd’s motion for judgment on the e[...]

Over 260 Cardiac Patients Settle Indiana Medical Malpractice Claims For $66.5M

December 16, 2020

More than 260 patients of an Indiana cardiology practice have settled their claims for alleged unnecessary cardiac procedures and medical device implants for $66.5 million, after more than six years of litigation. The settlement will be paid by the Northwest Indiana cardiology group, a Northwest Ind[...]

Indiana Medical Malpractice Case Involving Death Of Prominent Molecular Biologist Due To Medication Error Has Been Settled

November 21, 2020

It has been reported that an Indiana medical malpractice wrongful death claim filed by the widow of a 61-year-old prominent molecular biologist who was in the hospital recovering from a stroke when a nurse recklessly caused his death on November 1, 2019, one week after giving him massive doses of fe[...]

Indiana Appellate Court Discusses Informal Nature Of Medical Review Panels In Medical Malpractice Cases

November 6, 2020

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its opinion dated October 8, 2020: “Here, contrary to its repeated assertions, the Hospital was clearly on notice from the proposed complaint that Spencer was making allegations of vicarious liability, including ph[...]

Indiana Appellate Court Reverses Summary Judgment For Hospital In Claim Against Anesthesiologist

October 30, 2020

In its decision dated September 28, 2020, the Court of Appeals of Indiana (“Indiana Appellate Court”) reversed summary judgment granted by the trial court to the defendant hospital involving a claim against an anesthesiologist who provided services at the hospital during which the plaint[...]

Indiana Appellate Court Holds Arbitration Agreement Trumps Indiana Medical Malpractice Act

October 8, 2020

The Court of Appeals of Indiana (“Indiana Appellate Court”), in its opinion filed on September 2, 2020, held in an Indiana medical malpractice wrongful death case where the parties had agreed at the time the decedent was admitted to the defendant nursing home to arbitrate any legal claim[...]

Indiana Appellate Court Finds Claim Of Altered Medical Records Subject To Indiana’s Medical Malpractice Act

October 5, 2020

In its opinion filed on July 20, 2020, the Court of Appeals of Indiana (“Indiana Appellate Court”) held: “we conclude that the maintenance of health care records in this case including their alteration prior to the filing of the proposed complaint alleging malpractice against IU He[...]

Indiana Supreme Court Orders New Trial For Medical Malpractice Plaintiff Due To Jury Bias

September 17, 2020

The Indiana Supreme Court held in its opinion dated July 9, 2020: “At issue in this case is whether a juror should have been struck for cause based on bias, necessitating a new trial where the juror stated he did not want to serve as a juror, had a favorable impression of doctors, stated repea[...]

Indiana Appellate Court Affirms Denial Of Fertility Doctor’s Motion To Dismiss In Lawsuit Alleging He Used His Own Sperm To Impregnate Patients

September 7, 2020

In a case decided by the Court of Appeals of Indiana (“Indiana Appellate Court”) on July 29, 2020, the plaintiff, Matthew White (“Matthew”), filed a multi-count complaint after he had learned that the defendant physician had used his own sperm, rather than a medical school resident�[...]

Indiana Appellate Court Addresses Claims For Unauthorized Access To Private Health Information

August 13, 2020

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its opinion filed on May 26, 2020, “We conclude that Appellees’ claims do not fall within the purview of the MMA and that the trial court properly denied Community’s motion to dismiss. Additionally, on the clai[...]

Indiana Appellate Court Says Fraudulent Concealment Tolls Statute Of Repose In Medical Malpractice Case

August 6, 2020

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its opinion dated June 26, 2020: “where there is a sufficient factual demonstration of fraudulent concealment, such concealment equitably estops the fraudulent party from invoking the five-year nonclaim limit in th[...]

Indiana Appellate Court Addresses Employer Liability For HIPAA Violation

July 4, 2020

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its opinion dated May 15, 2020 in a HIPAA violation case “there is an issue of fact as to whether [the employee’s] conduct was incidental to authorized employment activities. We therefore find that the trial [...]

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Category: Indiana Medical Malpractice