Indiana medical malpractice laws Archives - Medical Malpractice Lawyers

Indiana Supreme Court Extends COVID-19 Immunity To Hospital Bed Sore Claim

May 2, 2026

In response to the COVID-19 pandemic, Indiana and federal governments declared a state of emergency to prevent the spread of the virus. To protect healthcare workers at the frontlines, the Indiana legislature enacted statutes to immunize them from civil liability in certain cases where a patient’s[...]

Indiana Appellate Court Holds Jury Should Decide When Medical Malpractice Statute Of Limitations Began To Run In Fraudulent Concealment Of Sperm Donor Claim

July 15, 2025

Anonymous Physician (“Physician”) used his own sperm to inseminate the mother of Anonymous Child I without her consent. Child was born in 1985. On May 26, 2022, Child filed a Proposed Complaint for Damages with the Indiana Department of Insurance (“IDOI”) against Physician and Anonymous Heal[...]

Indiana Supreme Court Clarifies What Needs To Be Stated In Medical Expert Affidavits In Medical Malpractice Cases

April 5, 2024

Background The issue on appeal was whether Indiana’s summary-judgment standard requires a medical expert to expressly state the applicable standard of care in his affidavit. Two prior appellate court decisions offered two possible answers: Oelling v. Rao, 593 N.E.2d 189 (Ind. 1992), said yes, but [...]

Indiana Appellate Court Rules Nurse Can Proceed With Medical Malpractice Claim Against Her Physician Who Was Also A Coworker

January 18, 2024

Laurie Gardner, a nurse at St. Mary Medical Center, Inc. (the Hospital), filed a proposed complaint against Anonymous Physician for medical malpractice. Anonymous Physician sought dismissal, arguing that because he and Gardner were in the same employ and she sustained a workplace injury, her exclusi[...]

Indiana Appellate Court Rules Claims For Improperly Sterilized Surgical Instruments Are Medical Malpractice Claims

October 18, 2023

Linda Gierek and over a thousand other patients who underwent surgical procedures at a hospital operated by Anonymous 1, Anonymous 2, and Anonymous 3 (the Hospital) were informed by the Hospital that one of itstechnicians had failed to complete a step in the procedure for sterilizing certain surgica[...]

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 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 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 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”[...]

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Tag: Indiana medical malpractice laws