Indiana Medical Malpractice Archives - Page 7 of 11

Indiana Supreme Court Holds Heir Not Necessary In Medical Malpractice Wrongful Death Case

March 9, 2019

The Indiana Supreme Court held in its decision dated February 21, 2019 that the plaintiff’s claim for survivor damages “did not abate upon his death and was not dependent on the existence of an heir,” stressing that the case “demonstrates the enduring importance of drafting a[...]

Indiana Appellate Court Orders Summary Judgment For Medical Malpractice Defendants In Lung Cancer Misdiagnosis Case

November 4, 2018

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its opinion filed on October 9, 2018 that the trial court erred in failing to grant summary judgment to the medical malpractice defendants in a case where a surgeon removed a lobe of the plaintiff’s lung after an i[...]

Indiana Appellate Court Affirms Res Ipsa Loquitur Did Not Apply In Medical Malpractice Case

October 10, 2018

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its September 14, 2018 opinion that the res ipsa loquitur doctrine does not apply in a medical malpractice case when the injury that occurs is a known complication of surgery or a medical procedure that can occur even if[...]

$15M Indiana Medical Malpractrice Verdict For Misread CT Scan

July 28, 2018

On June 15, 2018, an Indiana medical malpractice jury returned its verdict in favor of the plaintiffs in the amount of $15 million ($14 million for the patient and $1 million for her husband) against a radiology group for a radiologist’s negligent misreading of the wife’s CT scan that mi[...]

For Lack Of Heir Or Will, Indiana Medical Malpractice Wrongful Death Case Cannot Proceed After Plaintiff’s Death

July 15, 2018

The Court of Appeals of Indiana (“Indiana Appellate Court”) stated in its opinion filed on June 14, 2018 that “This appeal presents the issue of what happens when one of the statutory beneficiaries enumerated in the statute (in this case, a spouse) survives the wrongful-death deced[...]

Indiana Supreme Court Rules Anti-SLAPP Statute No Defense In Medical Malpractice Case

July 4, 2018

The Indiana Supreme Court held in its opinion filed on May 10, 2018 that the Indiana anti-SLAPP statute was inapplicable in the Indiana medical malpractice case it was deciding because to be protected under Indiana’s anti-SLAPP statute, a person’s actions must be “in furtherance of” [...]

Indiana Appellate Court Affirms Summary Judgment For Podiatrist On Inadequate Records Claim

June 20, 2018

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its opinion filed on May 30, 2018 that the plaintiff failed to produce any evidence that would establish that the defendant podiatrist’s treatment of her fell below the applicable standard of care, and if the defen[...]

Indiana Appellate Court Affirms Summary Judgment For Medical Malpractice Plaintiff

December 9, 2017

In its Memorandum Decision filed on November 21, 2017, the Court of Appeals of Indiana (“Indiana Appellate Court”) affirmed the trial court granting summary judgment to the Indiana medical malpractice plaintiff, finding that the affidavit of the defendant’s medical expert filed in [...]

Indiana Appellate Court Reverses Directed Verdict For Doctor On Informed Consent Claim

December 2, 2017

On November 17, 2017, the Court of Appeals of Indiana (“Indiana Appellate Court”) reversed the trial court’s directed verdict in favor of the defendant obstetrician in an Indiana medical malpractice case that also alleged that the defendant had failed to obtain the plaintiff’[...]

Indiana Supreme Court Affirms Medical Malpractice Plaintiff May Raise New Theories After Panel Decision

July 23, 2017

In its decision filed on April 7, 2017, the Indiana Supreme Court affirmed the Court of Appeals decision in the case that held that a plaintiff may raise any theories of alleged malpractice during litigation following the Medical Review Panel (“MRP”) process if (1) the proposed complain[...]

$744K Indiana Medical Malpractice Verdict For Orthopedic Surgeon’s Rush To Surgery

June 13, 2017

On May 17, 2017, a six-person Indiana medical malpractice jury returned its verdict in the amount of $744,000 against a now deceased orthopedic surgeon whom the jury found to have rushed to perform unnecessary surgery on a 16-year-old’s shoulder without first attempting conservative treatment.[...]

Indiana Appellate Court Rules Expert’s Personal Practices Admissible In Medical Malpractice Case

May 12, 2017

The Court of Appeals of Indiana (“Indiana Appellate Court”) decided in its opinion filed on May 11, 2017 that cross-examination of an adversary’s medical expert on his or her personal practices can be used to impeach the expert’s credibility regarding his or her opinion on the sta[...]

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Category: Indiana Medical Malpractice