In a recent Indiana Supreme Court case, the Court held that non-hospital medical entities that serve as a health care providers may be vicariously liable for physicians whom they independently contract with unless they give meaningful notice to the patient, the patient has independent special knowledge of the arrangement between…
Accrual, which usually refers to the date that would give rise to a potential plaintiff’s right to bring a cause of action, can often change the circumstances surrounding whether a claim is viable or not in Indiana. For example, this inquiry is particularly relevant when time is of the essence…
When someone is injured in an Indiana accident, typically the first question asked is, “who’s fault was it?”Although sometimes there is clearly a responsible party, other accidents may be the result of the negligence of multiple people, including the individual who was injured. While, under Indiana law, an injured party…
An insurance company providing Indiana medical malpractice coverage to a doctor, nurse, hospital or other health care provider in Indiana owes its clients a duty of care to carefully consider any injury or wrongful death claim and act in good faith to reach a fair resolution. If the insurer has…
Jurors in an Indiana medical malpractice lawsuit ruled against a now-deceased physician accused of performing an allegedly unnecessary surgery on a 16-year-old athlete. The South Bend Tribune reports the lawsuit was filed in June 2015. The defendant physician died about a year later, but the case continued against his estate.…
Preservation of the integrity of the judicial process means that jurors should only weigh that evidence which is considered relevant to the case. Extraneous information could be unfairly prejudicial. It’s the judge’s job to act as referee to make sure this doesn’t happen. Usually, the question of what can and…
It is not enough in medical malpractice lawsuits for the plaintiff to simply provide evidence of wrong-doing or negligence. Before you even get to court, your law firm must clear a number of critical hurdles. There are statutes of limitations on the lawsuit, but there are also numerous deadlines for…