Articles Posted in Medical Malpractice

Indiana is unique to most other states in that medical malpractice cases in Indiana must first be presented to a medical review panel before they can be prosecuted in state court. The medical review panel process can easily add years to the time it takes to litigate a case to conclusion. Importantly, the very first…

On June 26, 2025, the Indiana Supreme Court issued a significant opinion in Abbas v. Neter-Nu, a medical malpractice case involving a below-the-knee amputation following allegedly negligent care at Methodist Hospital in Gary, Indiana. The decision affirms a jury verdict for the patient while clarifying important principles of Indiana medical malpractice law—including how verdicts against multiple…

We previously wrote a blog on the Indiana Court of Appeals decision in Indiana Dep’t of Ins. V. Doe, in which the Court of Appeals found in favor of the Indiana Patient’s Compensation Fund (the Fund) in a claim for excess compensation based upon a pediatrician’s sexual assault of a patient and a hospital’s negligent credentialing…

2 for 1: Filing Two Medical Malpractice Claims for One Injury Jonathan Armiger, Barsumian Armiger LLC Medical malpractice attorneys must sometimes confront the question: To what extent can one pursue separate claims for medical malpractice when there is only one resulting injury? Another question is why one would want to. In considering both questions, one…

The Indiana Court of Appeals recently reaffirmed the unavailability of damages for negligent infliction of emotional distress (NIED) in adult wrongful death medical malpractice claims. In Hyzy v. Anonymous Provider 1, Mark Hyzy filed a medical malpractice claim for the death of his mother Carolyn Hyzy. He sought various damages, including damages for NIED. The…

The Indiana Supreme Court recently reaffirmed the limited scope of authority trial courts have during medical review panel proceedings in Indiana medical malpractice cases in Bojko v. Anonymous Physician. We previously wrote a blog about the Indiana Court of Appeals decision in the case. In Bojko, six patients filed medical malpractice claims against the estate…

We previously wrote a personal injury and medical malpractice blog about the decision of the Indiana Court of Appeals in Korakis v. Mem’l Hosp. of S. Bend in which the court affirmed summary judgment for three medical defendants based upon the insufficiency of the patient’s expert’s affidavit submitted to refute a negative medical review panel…

The Indiana Court of Appeals recently considered whether a nurse who suffered a workplace injury can pursue a medical malpractice claim against a co-employee physician who treated the nurse for her injuries despite the exclusivity provision of Indiana’s Worker’s Compensation Act (WCA). In Gardner v. Anonymous Physician, Laurie Gardner (“Gardner”) contracted scabies from another patient…

The Indiana Court of Appeals recently affirmed a trial court’s order directing patients in related medical malpractice claims to redact portions of their submissions tendered to medical review panels formed to review the cases under the Indiana Medical Malpractice Act. In Bojko v. Anonymous Physician, 215 N.E.3d 376 (Ind. Ct. App. 2023), six patients filed…

The Indiana Supreme Court recently examined whether an individual who pleaded guilty but mentally ill to voluntary manslaughter can sue his mental health providers for negligence and emotional distress. The case presented quite a complicated procedural and factual history and, ultimately, generated a strongly worded dissent by the Chief Justice. By way of background, Plaintiff,…