Medical malpractice complaint moves forward
A man will have his medical malpractice complaint heard after the Indiana Court of Appeals reversed a trial court’s decision to dismiss it.
Medical malpractice
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Doctors’ affidavits cannot defeat summary judgment
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.
Med-mal reform bill unexpectedly derailed
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.
Med-mal, administrative law reform bills set for hearing
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.
Munster cardiologist’s practice faces some 300 medical malpractice complaints
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.
Bill proposes increasing med-mal cap by $400,000
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.
Family keeping up fight against Indiana malpractice cap
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.
Talks continue toward compromise med-mal reform deal
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.
Steele: Deal close on medical malpractice reform bill
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.
Ruling in favor of doctors in med mal case upheld
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.
The waiting game delays medical malpractice claims going to court
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.
Hospital group favors raising limit on medical malpractice damages
Proposals to increase the state-imposed $1.25 million cap on damages in medical malpractice cases have some unlikely supporters: Indiana hospitals.
COA reiterates Indiana has no private right of action in child abuse cases
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.
Panel sets hearing on medical malpractice caps
A General Assembly panel this week will study whether caps on damages in Indiana’s medical malpractice statute should be changed.
Committee plans medical malpractice checkup
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.
Cook deluged by blood-clot filter lawsuits
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.
COA: Declaratory judgment wrongly denied in malpractice case
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.
Justices reinstate med-mal suit against doctor in stillbirth
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.
Judge concerned about doctor’s contradictory affidavit
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.
Divided Supreme Court declines to take med mal case
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.