Indiana medical malpractice lawyers Archives - Medical Malpractice Lawyers

Indiana Appellate Court Affirms Medical Malpractice Defense Verdict Despite Juror’s Misconduct

July 29, 2025

Background After losing her medical malpractice case against Dr. Margaret Inman, Amanda Ping learned that one of the jurors who returned the adverse verdict had not disclosed that she recognized the name of a defense expert witness. Ping soughta new trial, which the trial court summarily denied. Pin[...]

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 Appellate Court Revives Revocation Of Doctor’s Medical License

April 29, 2025

Indiana state officials filed an administrative complaint against Dr. James E. Jenison alleging that he had committed lewd or immoral conduct in connection with the delivery of services to the public on five occasions, that he had prescribed controlled substances without a valid Controlled Substance[...]

Indiana Appellate Court Affirms Medical Malpractice Defense Win

April 15, 2025

On June 25, 2019, Georgia Ann Miller filed an Indiana medical malpractice action against Trinh Tran, M.D. and his medical practice alleging that Dr. Tran’s treatment caused her to sustain her tendon injuries and to also experience weight gain, depression, hair loss, and other symptoms. On November[...]

$50K Indiana Medical Malpractice Verdict For Radiologist’s Failure To Diagnose Breast Cancer Shown On Mammogram

March 10, 2025

On August 30, 2024, an Indiana medical malpractice jury returned its verdict in the amount of $50,000 for a woman whose breast cancer was allegedly not timely diagnosed by one of the defendant radiologists. The jury found in favor of the other defendant radiologist, and the jury did not award any da[...]

Indiana Supreme Court Holds Medical Malpractice Act Applies In Class Action Lawsuit

February 26, 2025

The Indiana Medical Malpractice Act (“MMA”) generally requires a medical-review panel to first issue an opinion on a claimant’s proposed complaint before litigation in a trial court. But while the complaint is pending before the review panel, a claimant may file an action in court for [...]

Indiana Appellate Court Rules Anesthesia Machine Failure Claim Is Not Medical Malpractice Claim

August 1, 2024

While Robert Lewis (Robert) was undergoing surgery at Franciscan Alliance, Inc. d/b/a Franciscan Health Indianapolis (the Hospital), the anesthesia machine failed. Robert suffered complications and died about a week later. Roberta Miller, as Special Administrator of the Estate of Robert Lewis, Decea[...]

Indiana Appellate Court Holds Trial Judge Did Not Have To Disclose His Son’s Employment By Defense Firm In Hospital Fall Case

June 18, 2024

Martha Espinoza tripped and fell on two overlapped floor mats while accompanying her grandson to his appointment at St. Mary Medical Center. Espinoza filed a negligence claim against the Medical Center, arguing that it was liable for her injuries. At trial, the Medical Center obtained judgment on th[...]

$11.2M Indiana Medical Malpractice Jury Verdict For Amputation Of Leg Due To Medical Negligence

April 25, 2024

On February 5, 2024, an Indiana medical malpractice jury returned its verdict in excess of $11 million for 72-year-old Mychajlo Hajdaj against defendant Dr. James Shoemaker Jr. and his employer for his alleged medical negligence in failing to diagnose Hajdaj’s right leg critical limb ischemia [...]

Indiana Appellate Court Reverses Medical Malpractice Defense Verdict, Holding Plaintiff Entitled To Evidentiary Hearing On Juror Misconduct Claim

April 8, 2024

The Court of Appeals of Indiana held in its opinion filed on January 31, 2024: “In this medical malpractice case, Amanda Ping (“Ping”) appeals following a jury verdict in favor of Margaret Inman, M.D. (“Dr. Inman”). Ping challenges the trial court’s denial of her motion to correct er[...]

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[...]

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