Indiana medical malpractice lawyers Archives - Page 2 of 4

Indiana Supreme Court Revives Private Health Information Improper Disclosure Claim Against Hospital

December 8, 2023

The Indiana Supreme Court stated in its Opinion filed on September 25, 2023, “Here, a hospital mailed a letter containing a patient’s intensely private health matter to a teenage acquaintance of the patient’s daughter, and thatteenager posted the letter to Facebook. Seeking recovery for em[...]

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 Disallows Law Firm’s Early Exit From Legal Malpractice Claim Where It Failed To Timely File Medical Malpractice Case

September 25, 2023

To prevail on a legal malpractice claim, the plaintiff has the burden of establishing the elements of the underlying medical malpractice claim. A claim of medical malpractice requires proof that (1) a duty was owed to the patient by the doctor, (2) the doctor breached that duty by allowing his condu[...]

Indiana Appellate Court Finds Claim For Alleged Inappropriate Sexual Contact During Medical Examination Is Not Medical Malpractice Claim

September 11, 2023

Inappropriate Sexual Contact During Medical Examination Is Not Medical Malpractice: The Indiana Medical Malpractice Act defines “malpractice” as “a tort or breach of contract based on health care or professional services that were provided, or that should have been provided, by a health care p[...]

Indiana Appellate Court Rules Claims Against Athletic Trainer Fall Under Indiana Medical Malpractice Act

August 11, 2023

Claims Against Athletic Trainer Fall Under Indiana Medical Malpractice Act: In its Opinion dated June 4, 2023, the Court of Appeals of Indiana held: “the trial court erred by denying Appellants’ motion to dismiss because IncreMedical and AT Gonzalez are qualified health care providers pursua[...]

$2.6 Million Indiana Medical Malpractice Verdict For Botched Cardiac Catheterization

July 18, 2023

$2.6 Million Verdict For Botched Cardiac Catheterization: On May 25, 2023, an Indiana medical malpractice jury returned its verdict in the amount of $2,670,000 in favor of a woman who suffered a serious injury to her leg as a result of a cardiac catheterization procedure in 2012 that took place at t[...]

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[...]

Recoverable Damages In Negligent Reproductive Health Care Cases

Indiana Appellate Court Holds Collateral Estoppel Did Not Apply In Case Against Mental Health Providers

August 14, 2022

On several occasions in December 2016 and early January 2017, the defendant mental health providers (“Providers”) rendered care and treatment to Plaintiff Zachary Miller (“Miller”) regarding his mental health issues. On January 9, Miller killed his grandfather. As a result, t[...]

Indiana Supreme Court Holds Medical Malpractice Act Does Not Apply To Indemnification Claim Between Medical Providers

August 2, 2022

Court Holds Malpractice Act Does Not Apply To Indemnification Claim: In its opinion dated March 8, 2022, the Indiana Supreme Court stated: “Today, we’re asked to extend the reach of the Medical Malpractice Act (MMA or Act) to include a claim for indemnification by one medical provider agains[...]

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 [...]

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Tag: Indiana medical malpractice lawyers