Family of woman who had reaction to scan dye wins $29.5M
A jury in Orange City, Iowa, has awarded $29.5 million to the family of a northwest Iowa woman who died after she had an allergic reaction to a dye she was given for a medical scan.
Medical malpractice
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COA: Personal rep in estate case has no claim to survivor damages
After a man who filed a wrongful death suit for his wife died intestate and without heirs while the suit was pending, the Court of Appeals concluded the estate’s personal representative could not claim survivor damages.
Judgment for podiatrist who failed to keep records affirmed
The Indiana Court of Appeals has affirmed summary judgment for a podiatrist facing a medical malpractice claim, but opined that his failure to keep adequate medical records should have been grounds to allow the claim against him to continue.
Med-mal, PI firm reorganizes, ready for next 38 years
After almost 38 years in business, Montross Miller Muller Mendelson & Kennedy has undergone a significant reorganization. Two founding partners, John Muller and Tilden Mendelson, retired in 2017, and all four associates — Nathan Miller, Belinda Kunczt, Brad Kallmyer and Kerri Farmer — have been made partners.
DTCI: My doctor is liable for how much?
As attorneys who practice frequently in the area of medical negligence, it is not uncommon to be presented with a case in which the plaintiff seeks damages under both the Medical Malpractice Act (MMA) and the Wrongful Death Act. This article describes how these statutes work together, how to apply the caps, and discusses when a provider can be responsible for paying more than the MMA cap.
Citing intentional delay, COA tosses med-mal complaint
The Indiana Court of Appeals has affirmed the dismissal of a medical malpractice complaint after determining the plaintiff engaged in intentional conduct over six years that delayed the panel’s proceedings.
Summary judgment for gastroenterologist affirmed
The Indiana Court of Appeals has affirmed summary judgment for a gastroenterologist who was alleged to have committed malpractice by not informing a patient of the criteria for a liver transplant. The court ruled Friday the patient’s estate failed to prove their claim should be allowed to proceed after a seven-year delay in its filing.
Justices weigh if doctor who reported suspected abuse can be sued
A dispute over whether doctors who report suspected child abuse are protected under Indiana statute will come before the state’s high court this week — one of three oral arguments the court will hear Thursday.
COA: Doctor’s report to DCS not protected by anti-SLAPP statute
A doctor who reported medical child abuse to the Department of Child Services was not protected by the state’s anti-SLAPP statute, the Indiana Court of Appeals ruled Friday in a case of first impression.
Mills: Updates to Indiana’s Medical Malpractice Act are here
In 2016, the Indiana Legislature made significant changes to Indiana’s Medical Malpractice Act to take effect on July 1, 2017, giving insurance companies and health care providers time to adapt and implement the changes.
COA: Chiropractors not qualified to render opinions on ‘complex’ causation issues
A medical malpractice case against a Franklin County chiropractor must proceed to trial after the Indiana Court of Appeals held Wednesday that chiropractors, including those on medical review panels, are not qualified to render opinions on the cause of injuries when a case involves a “complex” causation issue.
Indiana jury awards couple $744,000 for son’s shoulder surgery
A northern Indiana jury has awarded $744,000 to a couple who claimed a now-deceased doctor performed unnecessary surgery on their teenage son.
COA: Expert should have testified about personal medical practices
In a case of first impression, the Indiana Court of Appeals ruled a patient in a medical malpractice case should have been able to cross-examine the medical expert about his personal medical practices.
Supreme Court strikes down contentious med-mal ruling
After six years of controversy over the limits, or lack thereof, on what evidence and arguments may be presented to a trial court during a medical malpractice proceeding, the Indiana Supreme Court has denounced a highly disputed medical malpractice case while simultaneously adopting a recent Court of Appeals opinion.
Parties urge justices to take med-mal case to provide clarity
A medical malpractice case on petition to transfer before the Indiana Supreme Court had both the appellants and appellees urging the justices Thursday to take their case.
7th Circuit affirms summary judgment to jail health care providers
The 7th Circuit Court of Appeals affirmed summary judgment to a county jail healthcare provider and his employer Monday after finding that the inmate bringing the malpractice claims against the providers failed to prove that his care was objectively unreasonable.
Insurance company wasn’t required to cover late claim
An insurance company was not required to defend an Indiana doctor in a medical malpractice case because the applicable insurance policy had expired before the insurer received notice of the claim.
COA: Theories presented to trial court in med-mal cases were presented to review panels
After finding that evidence of disputed medical malpractice theories in two cases were presented to the medical review panels in each, Indiana Court of Appeals has reversed summary judgment in favor of a health care provider in one case but is allowing the provider in the other to present evidence related to a subsequent malpractice theory against him.
Justices deny transfer in suit stemming from meningitis outbreak
The Indiana Court of Appeals’ ruling that some claims from those injured or family members of those who died after being injected with contaminated steroids are governed by the Indiana Medical Malpractice Act will stand after the Indiana Supreme Court declined to take the case on transfer last week.
COA: Declaratory judgment, tort actions can arise from same occurrence
A declaratory judgment action can arise from the same occurrence as an underlying tort action for purposes of permissive joinder under Trial Rule 20, the Indiana Court of Appeals held Tuesday. The judges affirmed the denial of a request to sever two tort counts from a count seeking declaratory judgment.