The sweeping medical malpractice claims against Dr. Arvind Gandhi and other practitioners at Cardiology Associates of Northwest Indiana could take years to unwind, and they may change the calculus that sets surcharges physicians pay to the Indiana Patient’s Compensation Fund.
The maximum award for medical malpractice would increase by $400,000 under legislation proposed after a study committee last year examined Indiana’s caps. Caps on damages were last raised 17 years ago and have been increased just twice in 40 years.
An Evansville couple is keeping up a decadelong legal fight over their claims of medical malpractice in their daughter's birth that left her a quadriplegic and unable to speak.
With medical errors on the rise in Indiana and many states ruling caps on malpractice damages unconstitutional, plaintiff and defense lawyers and state officials continued to negotiate behind the scenes toward compromise legislation that could increase Indiana’s $1.25 million cap on medical malpractice awards.
Plaintiff and defense lawyers and state officials are close to an agreement on legislation to reform Indiana’s Medical Malpractice Act, a key state senator said Tuesday.
The trial court properly tendered a jury instruction in a medical malpractice case that advised the jury that physicians are not liable for an error in diagnosis or treatment when exercising reasonable care, the Indiana Court of Appeals held Thursday.
Lawmakers recently received conflicting diagnoses for review panels that evaluate medical malpractice claims. Some see them as broken, while others say they represent an ideal system that just needs some TLC.
Proposals to increase the state-imposed $1.25 million cap on damages in medical malpractice cases have some unlikely supporters: Indiana hospitals.
Despite a mother’s assertion that she was actually filing a medical malpractice complaint, the Indiana Court of Appeals ruled her complaint was a private right of action for failure to report child abuse, which is not recognized in Indiana.
A General Assembly panel this week will study whether caps on damages in Indiana’s medical malpractice statute should be changed.
Whether Indiana should allow Hoosiers to recover more than $1.25 million in medical malpractice lawsuits is one of the key questions lawmakers will be exploring next month. Some lawyers who represent plaintiffs and defendants in such cases say it’s probably time the cap on damages was raised.
Patients from around the country have filed 100 lawsuits against Bloomington-based Cook, alleging that some of its blood-clot filters have broken apart, moved or poked through the blood vessel where they are implanted, the inferior vena cava, which brings blood from the lower body back to the heart.
A trial court wrongly denied a plaintiff’s motion for a declaratory judgment arising from an inability to select a panelist to review a malpractice dispute on behalf of a woman who died after a stroke.
The Indiana Supreme Court reinstated a medical malpractice case against a Richmond doctor accused of failing to meet the standard of care in examining a pregnant woman whose child subsequently was stillborn.
An Indiana Court of Appeals judge found it troubling that a member of a medical review panel that unanimously found defendants breached their duty of care to a patient could later issue an affidavit in which he changed his mind relating to a doctor accused of medical malpractice.
The Indiana Supreme Court by a vote of 3-2 decided this week to not take the case of a man who sued for medical malpractice those who treated his now-deceased wife. The lower court and Court of Appeals found no existence of a physician-patient relationship between the on-call hospital specialist and the wife, the issue that caused two justices to dissent.
A woman who gave her son’s 17-year-old girlfriend another person's ID and posed as her mother to help her obtain an abortion was not properly dismissed from a lawsuit brought by the pregnant girl’s mother, the Indiana Court of Appeals ruled Friday. Summary judgment in favor of Planned Parenthood of Indiana was proper, the court held.
The Indiana Court of Appeals sidestepped the question of whether a previous decision is valid when determining that a woman who brought a medical malpractice claim against a hospital can pursue a negligence claim against the hospital’s pharmacist. The plaintiff did not present that negligence claim before the medical review panel.
A proposal to allow clear medical malpractice claims to go directly to court rather than through medical review panels was defeated Monday in the Indiana Senate.
A doctor named as a defendant in a malpractice lawsuit was not required to pay more than $2,000 toward the deposition fees of the plaintiff’s expert, the Indiana Court of Appeals ruled.