Articles

COA: Causation questions remain in med-mal suit

A woman initially treated for an aggressive form of cancer, only to later discover she was suffering from a far-less serious form of the disease, can proceed with her lawsuit against a doctor she alleges was negligent in catching her cancer early.

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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.

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Lawsuit continues on railroad crossing accident case

A woman involved in a fatal car versus train accident in Boone County will be allowed to go to trial on just one of her claims: whether the railroad company failed to provide an unobstructed view at the crossing because of lack of vegetation control.

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Indiana law applies to truck fatality, COA rules

A family’s attempt to apply Illinois law in an Indiana traffic fatality failed to overcome state court precedent, which has established that laws of the state where an accident happened govern the conduct of the parties.

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Judges split over whether to reinstate jury verdict

The Indiana Court of Appeals ordered a jury verdict, tossed out by the trial court in a negligence case stemming from a car accident, reinstated because the judge did not follow Trial Rule 59(J). The dissenting judge believed the trial court should have the opportunity to supplement its order first.

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COA affirms new trial on motorcyclist’s negligence claim

A trial court did not abuse its discretion when it set aside a jury verdict allocating 70 percent of fault to a motorcyclist who hit a dog that darted in front of his bike, the Indiana Court of Appeals ruled. The motorcyclist was injured in the accident and sued the dog’s owners.

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A killing in community corrections

Alan E. Cain drove on a forfeited license in March 2013, a probation violation that landed him in an Indianapolis work-release program. Sixteen days later, he was dead.

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Woman may pursue negligence claim against pharmacist

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.

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