The Indiana Court of Appeals has rejected a doctor’s argument that a patient’s mother served as an intervening cause to the loss of the patient’s kidney and instead upheld the rule that a parent’s alleged contributory negligence may not be imputed to a child’s medical malpractice claim.
After a widespread fungal meningitis outbreak killed nearly a dozen Hoosiers, the Indiana Court of Appeals decided Monday that the providers who injected the injured parties with a contaminated steroid that was purchased from a third party can be found to be negligent under the Indiana Medical Malpractice Act.
The Indiana Court of Appeals affirmed Tuesday a trial court’s decision to deny a motion to strike expert witness testimony after finding that a man could present certain evidence to prove medical malpractice against his now-deceased wife’s former physician.
Kroger must face a claim that its potential negligence in filling a prescription contributed to the death of a woman after she sought treatment for acute bronchitis, the Indiana Court of Appeals ruled Thursday in a reversal.
A northern Indiana judgment in favor of a man ruled to have suffered a catastrophic medical malpractice injury that left him paralyzed is the latest case challenging the state’s cap on malpractice damages.
With the advent of the new medical malpractice caps, what will be the effect on the volume of malpractice claims? Moreover, will the cap alterations sufficiently protect the act from constitutional challenges?
Based on the evidence before it, a trial court correctly awarded a man $300,000 in excess damages from the Indiana Patient’s Compensation Fund after an Indianapolis hospital missed the signs he was having a stroke, the Indiana Court of Appeals held Tuesday.
The Indiana Court of Appeals ruled a medical malpractice lawsuit filed by minor children can continue after it found the suit was not untimely filed. The children were in the correct age range to trigger an exception in the Medical Malpractice Act.
A new approach promoted by the federal Agency for Healthcare Research and Quality is explicitly aimed at saving hospitals money on malpractice litigation while encouraging more robust scrutiny of what went wrong.
The Indiana Court of Appeals noted in its decision Thursday in a medical malpractice lawsuit that the line of authority that has developed on judicial admissions is based on an error made in a 1990 case. The judges used their opinion to affirm the jury verdict in favor of the defendant doctor and to clarify that judicial admissions are conclusive and binding.
The Indiana Supreme Court reversed summary judgment for a hospital and doctor after it found the doctor’s own evidence creates issues of material fact that need to be settled at trial.
The Indiana Court of Appeals ruled a man was never notified that the doctor treating him was an independent contractor and not an employee and therefore reversed summary judgment to the hospital and remanded the man’s vicarious liability case to the trial court.
Medical malpractice victims will be eligible for more compensation after Gov. Mike Pence signed into law a bill increasing the payment cap for the first time since the 1990s. The cap would increase from the current $1.25 million limit to $1.65 million next year and then to $1.8 million in 2019.
High-profile bills involving restrictions on abortion, increasing the caps on medical malpractice damages and slightly lifting the secrecy of police units at Notre Dame and other private universities are among the unsigned bills remaining on the final day for Gov. Mike Pence to act.
Medical malpractices victims may be able to receive more money now that the Indiana Senate has passed a proposal to increase the compensation cap for the first time in nearly 18 years.
Medical malpractice victims would be able to receive more compensation under a measure an Indiana House committee approved Monday that would update the payment cap for the first time in nearly 18 years.
A man will have his medical malpractice complaint heard after the Indiana Court of Appeals reversed a trial court’s decision to dismiss it.
The affidavits submitted as evidence by the treating physicians being sued for medical malpractice were factually inadequate and did not raise a genuine issue of material fact regarding their care of the plaintiff, the Indiana Court of Appeals held Monday.
A proposal to raise caps on medical malpractice damages by $400,000 appears to face a grim prognosis after a key lawmaker said parties to the legislation have failed to agree on certain provisions of the bill.
A proposal to raise the cap on medical malpractice damages by $400,000, index future increases to inflation and make other reforms to the Indiana Medical Malpractice Act will be introduced to a Senate committee Monday.