Articles

DTCI: Medical Negligence vs. Premises Liability

When a patient is harmed during a medical procedure, a patient may elect to file a medical negligence claim against his physician and the health care facility in which the procedure occurred. However, when a patient is harmed during a hospitalization, should the claim still be pursued as one of medical negligence or is it more appropriately a premises liability claim?

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Editorial: Ted Boehm not headed toward retirement

This was one retirement ceremony we were not looking forward to attending, fearing that the gentleman stepping away from the bench would slip away from public life and live quietly with his family, indulging his interests outside the law, while working as a mediator at Van Winkle Baten Rimstidt and senior judging for the Indiana Court of Appeals.

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DTCI: Existing duty is prerequisite of negligence

To prevail on a claim of negligence, a plaintiff must show that a duty exists, that the duty was breached, and that damages resulted from that breach. It goes without saying that there can be no negligence or liability where there is no duty.

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DTCI: Hands-free cell calls while driving are not safer

It is hoped that you had the opportunity to read an article written by my friend, Dave Temple, regarding the dangers of using your cell phone or PDA while driving, which was published in the March 17-30, 2010, edition of the Indiana Lawyer.

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