The Indiana Supreme Court declined to hear 17 cases out of 19 petitions for transfer last week, but granted transfer in two cases concerning an unwilling juror and a highly sought after gravesite.
A divided Indiana Supreme Court recently passed judgment on a case in which only two of the five justices could find reason instead of a callous abstraction of the law. The callous abstraction prevailed, as increasingly seems to be the style of our times.
The Indiana Supreme Court has split in the denial of transfer in a case involving a fatal altercation between a psychiatric patient and a caregiver, with two justices dissenting from the holding that ensuing wrongful-death litigation should be brought under the Medical Malpractice Act.
The estate of an inmate who died in the Indiana Department of Corrections from complications arising from lupus and a blood clotting disorder had its case reinstated Monday against the DOC and its medical services contractor.
A man who filed a medical malpractice claim against a doctor and hospital following his surgery for a herniated disc could not convince the Indiana Court of Appeals that he should be permitted to amend his complaint and add a federal claim.
A ruling that favored a Bloomington nurse practitioner was reversed Thursday after the Indiana Court of Appeals found a question remained about whether she had provided health care to a patient just days before he suffered from cardiac arrest.
A woman who suffers from nerve damage after dye was negligently injected into her arm for a medical scan has won a reversal against the southern Indiana hospital that administered the procedure.
Johnson & Johnson has agreed to a $117 million settlement with multiple states, including Indiana, over allegations it deceptively marketed its pelvic mesh products, which support women’s sagging pelvic organs.
A northern Indiana orthopedic surgeon has lost his appeal in a medical negligence case brought by a patient who continued to experience pain in his hand following a finger amputation.
Though there is a dispute about who initiated an altercation between a psychiatric patient and his care provider that led to the patient’s death, the factual dispute does not change an earlier Indiana Court of Appeals determination that a wrongful death claim brought by the patient’s estate is subject to the Medical Malpractice Act.
The Indiana Court of Appeal found a widow’s argument that she should have access to the Indiana Patient’s Compensation Fund was not ripe for judicial review.
Indiana Supreme Court justices unanimously denied transfer to more than 20 cases last week, including appeals from a man who is serving 70 years behind bars for murdering his girlfriend and from parents who claim medical care providers failed to properly treat their infant daughter.
A judge sitting on a medical malpractice case who denied for-cause challenges to six jurors did not abuse his discretion in denying the challenges, the Indiana Court of Appeals has ruled, pointing to the “substantial discretion” trial court judges have over voir dire.
Judgments in favor of a hospital, insurance company and ambulance provider were affirmed Thursday in a wrongful death suit brought by a cystic fibrosis patient’s late husband. The woman died from pneumonia after a prolonged ambulance ride toward a lung transplant that ended up at the wrong hospital.
A widower may pursue excess damages from the Indiana Patient’s Compensation Fund upon the Indiana Court of Appeals’ finding that nothing in the Medical Malpractice Act requires him to accept a settlement offer from the doctor he alleged was responsible for his wife’s death.
A man’s estate could not convince an appellate panel that a psychiatric center where he was staying was liable for his death based on the theory of premises liability after he died from injuries sustained after he was kicked by an employee.
The Indiana Supreme Court declined to hear almost all of the appeals before it last week, but did accept two medical malpractice cases it consolidated for the clarification of preferred venue.
A woman’s medical malpractice claim over a failed femur rod was filed too late and should not have been allowed to proceed, the Indiana Court of Appeals ruled Friday, reversing a northern Indiana trial court.
A divided Indiana Supreme Court has determined that an organization’s principal office, not the location of its registered agent, is the appropriate preferred venue. The ruling in similar consolidated medical malpractice cases affirms one trial court and reverses another.
An appellate panel considered Wednesday whether a healthcare facility employee’s act of kicking a resident, resulting in his death, could be shielded from liability under the Indiana Medical Malpractice Act.