find best Indiana medical malpractice lawyers Archives

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 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 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 [...]

Indiana Appellate Court Affirms Medical Malpractice Defense Verdict Involving Discrepancy Between ER Doc’s And Radiologist’s Interpretation Of X-Ray

April 18, 2020

The Court of Appeals of Indiana (“Indiana Appellate Court”), in its February 21, 2020 Memorandum Decision, upheld an Indiana medical malpractice jury’s defense verdict in a case where the ER doctor interpreted a patient’s chest x-ray as normal and later a radiologist interpre[...]

Indiana Appellate Court Refuses To Allow Medical Malpractice Plaintiff To Add Federal EMTALA Claim

March 13, 2020

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its opinion filed on February 18, 2020 that the trial court properly denied the Indiana medical malpractice plaintiff’s request to amend his medical malpractice complaint to add an additional count alleging a feder[...]

Indiana Medical Malpractice Defense Verdict For Hospital Sexual Assault Claim

December 11, 2016

On November 23, 2016, an Indiana medical malpractice jury returned its verdict in favor of the defendant hospital after an eight-day trial, finding that the hospital was not responsible for the two sexual assaults of a woman in its psychiatric unit that occurred in 2008 that were perpetrated by anot[...]

Indiana Appellate Court Reverses Summary Judgment In Pharmacy Malpractice Case

September 16, 2016

In its decision filed on August 4, 2016, the Indiana Court of Appeals (“Appeals Court”) held that the defendant pharmacy was not entitled to summary judgment in a pharmacy malpractice case because the pharmacy was not exempted from Indiana’s Comparative Fault Act, and therefore is[...]

$4.7M Indiana Medical Malpractice Verdict For Delayed Diagnosis of Cauda Equina Syndrome

August 1, 2016

On July 15, 2016, an Indiana judge awarded an Indiana couple a total of $4.7 million following a bench trial in April 2016, finding that the husband’s treating physician breached the standard of care by failing to diagnose the husband’s infection that resulted in cauda equina syndrome th[...]

Indiana Appellate Court Applies Tolling Provision To Save Minor Children’s Medical Malpractice Claims For Mom’s Death

July 11, 2016

The Court of Appeals of Indiana (“Appellate Court”) filed its opinion on June 29, 2016 in a case where it held that the minor children of a mother who died of lung cancer allegedly due to the medical negligence of the defendants were not time-barred because of the two-year statute of [...]

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