The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its opinion filed on December 18, 2020 that the medical malpractice plaintiff “presented sufficient evidence regarding the applicable standard of care to defeat [defendant] Dr. Majd’s motion for judgment… Read More
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Indiana Appellate Court Discusses Informal Nature Of Medical Review Panels In Medical Malpractice Cases
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… Read More
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Kentucky Supreme Court Rules Medical Review Panel Act Unconstitutional
In its opinion filed on November 15, 2018, the Supreme Court of Kentucky (“Kentucky Supreme Court”) held that the Kentucky Medical Review Panel Act that was enacted in 2017 “delays access to the courts of the Commonwealth for the adjudication… 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 Summary Judgment For Podiatrist On Inadequate Records Claim
The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its opinion filed on May 30, 2018 that the plaintiff failed to produce any evidence that would establish that the defendant podiatrist’s treatment of her fell below the applicable… Read More
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Louisiana Appellate Court Affirms Summary Judgment Against Medical Malpractice Plaintiff
In its opinion dated March 14, 2018, the State of Louisiana Court of Appeal, Third Circuit (“Louisiana Appellate Court”) affirmed summary judgment in favor of the Louisiana medical malpractice defendant orthopedic surgeon and affirmed dismissal of the Louisiana medical malpractice… Read More
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Louisiana Appellate Court Affirms Summary Judgment For Medical Malpractice Defendant
The State of Louisiana Court of Appeal, Third Circuit (“Louisiana Appellate Court”) earlier this month affirmed the trial court’s granting summary judgment to the defendant emergency room physician in a Louisiana medical malpractice case, finding that the plaintiff had failed… Read More
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Indiana Appellate Court Affirms Summary Judgment For Medical Malpractice Plaintiff
In its Memorandum Decision filed on November 21, 2017, the Court of Appeals of Indiana (“Indiana Appellate Court”) affirmed the trial court granting summary judgment to the Indiana medical malpractice plaintiff, finding that the affidavit of the defendant’s medical expert… Read More
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Indiana Supreme Court Affirms Medical Malpractice Plaintiff May Raise New Theories After Panel Decision
In its decision filed on April 7, 2017, the Indiana Supreme Court affirmed the Court of Appeals decision in the case that held that a plaintiff may raise any theories of alleged malpractice during litigation following the Medical Review Panel (“MRP”)… Read More
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$744K Indiana Medical Malpractice Verdict For Orthopedic Surgeon’s Rush To Surgery
On May 17, 2017, a six-person Indiana medical malpractice jury returned its verdict in the amount of $744,000 against a now deceased orthopedic surgeon whom the jury found to have rushed to perform unnecessary surgery on a 16-year-old’s shoulder without… Read More
