Helping You Put Your Life Back On Track After A Serious Injury
According to the American Academy of Pediatrics (AAP), medical malpractice claims involving babies and children are among the most common types of lawsuits that go to trial. This is likely because negligently treated babies and children often have the worst injuries and outcomes. When a baby, child, or teenager suffers injuries because of a negligent Indiana health care provider, the…
When a hospital or medical provider deviates from a generally accepted standard of care and causes harm to a patient, they may be liable for the patient’s injuries through an Indiana medical malpractice lawsuit. All personal injury lawsuits require plaintiffs to present a significant amount of evidence to establish their claim to damages. In addition to the typical evidentiary burdens…
The Indiana Medical Malpractice Act governs most lawsuits based on injuries that a person suffers because of the negligence of an Indiana hospital or medical provider. When an Indiana pharmacist, medical resident, nurse, doctor, or surgeon causes injuries because they deviated from a reasonable standard of care, they may face liability under the Act. To collect damages, a medical malpractice…
Indiana wrongful death claims are meant to compensate the accident victim’s spouse and dependents after their wrongful death. So, what happens if the decedent’s spouse and dependents are no longer alive by the time the case goes to trial? The Indiana Supreme Court took up the issue in a recent case. The Facts According to the court’s written opinion, a…
Filing a successful Indiana medical malpractice lawsuit can be a complicated endeavor. Not only do these claims often require several expert witnesses to explain the relevant issues in the case to the jury, but there are also additional procedural requirements that a plaintiff must follow. Under Indiana Code Article 18 Chapter 8, a person bringing a medical malpractice lawsuit against…
Doctors, nurses, and other medical professionals all have a duty to provide a certain level of care to their patients. While not every adverse patient event will be a basis for a lawsuit, when someone is injured due to negligently provided medical care, they may be able to recover compensation for their injuries through an Indiana medical malpractice lawsuit. These…
Earlier this month, the federal circuit court of appeals overseeing both the northern and southern districts of Indiana issued an opinion in a medical malpractice case illustrating the importance of expert testimony in Indiana medical malpractice lawsuits. The case was brought to the court by the plaintiff’s appeal, which claimed that the lower court had erred in finding in favor…
One of the most contested aspects in many Indiana medical malpractice cases is the element of causation. Simply stated, in order to succeed in a medical malpractice case, a plaintiff must not only show that the defendant medical provider was negligent but also show that their negligence was the cause of the plaintiff’s injuries. While this may seem simple in…
Medical malpractice cases can be brought under a number of different theories. For example, surgical errors and misdiagnoses are two common types of Indiana medical malpractice cases. Another theory of liability under the medical malpractice umbrella is called medical battery. Medical battery is based on the idea that a doctor can only perform a procedure on a patient who consents…
Earlier this month, one state appellate court issued a written opinion in a medical malpractice case brought by a woman who suffered serious injuries after a surgery that was performed by the defendant doctors. The case presented the court with the opportunity to determine the validity of a medical release waiver that the plaintiff had signed prior to undergoing the surgery. Ultimately,…