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… Read More
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Indiana Appellate Court Orders Summary Judgment For Medical Malpractice Defendants In Lung Cancer Misdiagnosis Case
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… Read More
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Indiana Appellate Court Affirms Res Ipsa Loquitur Did Not Apply In Medical Malpractice Case
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… Read More
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$15M Indiana Medical Malpractrice Verdict For Misread CT Scan
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… Read More
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Indiana Appellate Court Says Medical Malpractice Case Was Filed Too Late
In its decision filed on December 27, 2013, the Court of Appeals of Indiana (“Indiana Court of Appeals”) determined that the trial judge was correct in entering judgment in favor of the medical malpractice defendants where the plaintiff filed her… Read More
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Indiana Supreme Court Holds Indiana Patient’s Compensation Fund Liable
In its decision rendered on October 31, 2012, the Indiana Supreme Court rejected the arguments of the Indiana Patient’s Compensation Fund in defending against a petition to recover excess damages arising out of a medical malpractice action when the Fund attempted… Read More
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Former Indiana Surgeon Sentenced To Seven Years In Prison
On October 12, 2012, a former Indiana surgeon was sentenced by a federal judge to seven years in federal prison, twice the amount of time recommended by federal sentencing guidelines, as a result of his conviction for billing patients and their… Read More
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Indiana Appeals Court Allows Medical Malpractice Case 35 Years Later
On August 10, 2012, the Court of Appeals of Indiana filed its opinion in a case in which it allowed a medical malpractice case to proceed despite the medical malpractice having occurred 35 years earlier. On August 4, 2009, the medical… Read More
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Former Indiana Doctor Has More Than 350 Medical Malpractice Claims Against Him
At one point in time, an Indiana ENT (ear, nose, and throat doctor) was well-respected and some even referred to him as the “Nose Doctor of Merrillville.” But beginning in 2004, local medical malpractice law firms began getting inquiries about possible… Read More
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Indiana Medical Malpractice Verdict For Victim With Less Than A Year To Live
An Indiana jury earlier this year found in favor of a medical malpractice claimant in his malpractice claim against a medical malpractice defendant who failed to timely diagnose and treat his colon cancer in 2004. By the time of the jury’s verdict, this… Read More