The Health and Hospital Corporation of Marion County is asking the 7th Circuit Court of Appeals to reexamine its recent ruling on the Federal Nursing Home Reform Act of 1987, saying the opinion conflicts with the court’s previous decision on the federal statute and “federalize(s) a large swath of state medical malpractice law.”
A proposed complaint before the Indiana Department of Insurance was not void just because it was filed in the name of a deceased person on behalf of a deceased victim of alleged medical malpractice, the Indiana Court of Appeals has ruled.
Does the definition of “patient” in Indiana’s Medical Malpractice Act encompass third parties? The Indiana Supreme Court, in considering a certified question from the 7th Circuit Court of Appeals, has decided the answer is “yes.” But not every justice was convinced.
A sepsis theory included in a widow’s medical malpractice claim has been ordered dismissed by the Indiana Court of Appeals after it found a Steuben County court lacked jurisdiction to enter partial summary judgment on that portion of the claim.
Answering a question posed by the 7th Circuit Court of Appeals, the Indiana Supreme Court on Wednesday ruled that Indiana’s Medical Malpractice Act applies to cases where a third-party plaintiff alleges that negligent treatment to someone else resulted in injury to the plaintiff. One justice, however, cautioned against the expansion of the Medical Malpractice Act.
The Indiana Court of Appeals has affirmed judgment in favor of several health care entities that operate a wellness center at the University of Notre Dame, despite a woman’s fight for her husband who was paralyzed soon after being treated there as an employee.
The case stems from claims Jeffrey Cutchin brought against Sylvia Watson after she ran a red light and struck his vehicle, killing his wife and daughter.
Indemnity claims brought by one health care provider against another are subject to the Indiana Medical Malpractice Act, the Indiana Court of Appeals ruled Tuesday, finding the language of the MMA is not limited to claims brought by patients or their representatives. The court issued its ruling in a case involving a dispute between a hospital and independent radiologists.
The distinction between active and constructive fraud has long been established in Indiana law. But should that distinction be abolished, or an exception carved out? That question is before the Indiana Supreme Court in a closely watched medical malpractice lawsuit.
The Indiana Supreme Court will hear arguments in person next week in three cases, including a dispute over a missed hepatitis diagnosis and allegations of a breached settlement agreement.
Judgment against an insurer in the most recent decision involving a nearly 20-year-old medical malpractice case was affirmed Tuesday by the 7th Circuit Court of Appeals.
A mother whose son was injured in a “traumatic” birth experience cannot proceed with her tort claims against the federal government because her claims were untimely, a divided panel of the 7th Circuit court of Appeals has ruled. A dissenting judge, however, warned of setting an “extraordinarily harsh” standard.
The Indiana Supreme Court has agreed to hear arguments in a case brought by a woman who was incorrectly told a hepatitis test was negative when the test revealed she was, in fact, hepatitis positive.
The Indiana Supreme Court has scheduled arguments and is accepting briefs in a case involving certified questions from the 7th Circuit Court of Appeals addressing the Indiana Medical Malpractice Act and Indiana Patient’s Compensation Fund.
Indiana’s appellate courts are set to hear arguments next week in a case related to medical malpractice and one dealing with disability issues arising under Kentucky law.
The 7th Circuit Court of Appeals has certified two questions to Indiana’s Supreme Court justices in a Wednesday opinion, asking for clarification in a Medical Malpractice Act dispute.
Legislation in the Indiana Senate that would protect businesses from COVID-related liability is one step closer to becoming law, having reached the full Senate floor for a successful vote on an amendment offered by the bill’s author. Meanwhile, companion legislation in the Indiana House passed out of committee this week.
A former Boone County pediatrician convicted on multiple charges of sexual misconduct against his minor patients has lost his appeal of his felony convictions and his consecutive sentences.
A woman suing her doctor for medical malpractice won a reversal in her favor Friday after the Indiana Court of Appeals found she provided sufficient evidence regarding the applicable standard of care.
With the announcement of a multi-million-dollar settlement last month, long-running litigation against a northwest Indiana cardiologist and his associates is seemingly drawing to a close. But the scale and specifics of the allegations against Dr. Arvind Gandhi and his colleagues at Cardiology Associates of Northwest Indiana P.C. are still difficult to discern.