A woman’s malpractice lawsuit against the estate of a Marshall County doctor who died more than two decades ago will go forward, the Indiana Court of Appeals ruled. The court found the two-year statute of limitations on medical malpractice claims unconstitutional in certain cases.
Dr. Mark Weinberger’s silence on 350 medical malpractice claims is providing unique experience for Indiana law firms.
The Indiana Court of Appeals affirmed the trial court ruling in a dispute over what interest rate is charged and when it begins to accrue on payments due from the Indiana Patient’s Compensation Fund to successful medical malpractice claimants.
The Indiana Court of Appeals has affirmed the $1.25 million judgment against a gastroenterologist after a patient brought a medical malpractice claim for a missed cancer diagnosis. The judges found the trial court didn’t abuse its discretion in excluding certain evidence.
The Indiana Court of Appeals has reversed a trial judge’s order to dismiss a woman’s medical malpractice case because of her failure to comply with discovery deadlines and trial rules, finding that the decision to deny her a day in court was too harsh.
Determining that a question exists about when the statute of limitations started running on a proposed medical malpractice complaint, the Indiana Court of Appeals has reversed a decision in a case involving the death of a woman at an Indianapolis hospital after receiving medication prior to heart surgery.
The Indiana Supreme Court has taken five cases, including one challenging the constitutionality of the state’s medical malpractice cap and a case on the reasonableness of hospital fees charged.
The Indiana Court of Appeals has sided with the commissioner of the Indiana Department of Insurance in a medical malpractice case.
The Indiana Supreme Court has vacated transfer to a case involving a proposed medical malpractice claim, finding that the trial court order at issue is not a final appealable judgment.
A doctor who was the subject of a malpractice claim due to his patient losing consciousness and causing a crash while driving is not entitled to summary judgment, the Indiana Court of Appeals held.
The Indiana Supreme Court held Tuesday that separate actions by parents seeking damages for emotional distress from experiencing the stillbirth of their child are not barred by the Indiana Child Wrongful Death Act or the Indiana Medical Malpractice Act.
A woman who challenged the grant of summary judgment on her negligence claims in favor of the doctor who performed her breast reduction surgery and the heath care center where it was performed lost her appeal before the Indiana Court of Appeals.
The Indiana Supreme Court has granted transfer in two cases, one examining medical malpractice liability evidence for damages and another examining how Marion County’s mass tort litigation rules impact the overall goal of orderly and speedy justice in an asbestos case.
An Indianapolis man will get an evidentiary hearing on whether the state’s $1.25 million cap on medical malpractice awards is unconstitutional.
The Indiana Court of Appeals ruled a man whose wife died because of a missed medical diagnosis and obtained an $8.5 million jury verdict is entitled to an evidentiary hearing about whether the state’s statutory cap on medical malpractice awards is unconstitutional.
The Indiana Court of Appeals has ruled on the first of hundreds of medical malpractice claims filed against a former ear-nose-throat specialist in Merrillville, upholding a $300,000 jury verdict and also delving into novel legal issues that haven’t been widely addressed by the state’s appellate courts.
Attorneys have asked the Indiana Supreme Court to weigh in on a recent ruling that has left some people wondering about the future of medical malpractice law.
The Indiana Court of Appeals has allowed a woman’s state claim against a sheriff following the suicide of her son in jail to go forward even though she previously had accepted an offer of judgment in District Court on a federal claim.
Relying on workers’ compensation cases involving first- and third-party spoliation claims, the Indiana Supreme Court has declined to recognize similar claims regarding medical malpractice suits.
The Indiana Court of Appeals reversed summary judgment in favor of a doctor in a medical malpractice action, finding there are questions around whether the plaintiff timely filed the proposed complaint.