Indiana Personal Injury Lawyer and Medical Malpractice Attorney Blog

The Indiana Court of Appeals recently held a nursing home, qualified under the Indiana Medical Malpractice Act, had relinquished its right to protections afforded by the Act to medical malpractice defendants by contracting for claims against it to be resolved exclusively by arbitration, such that the estate of a nursing home resident could compel arbitration…

The Indiana Court of Appeals in Anonymous Physician 1 v. White affirmed the trial court’s denial of a motion to dismiss filed by a fertility doctor and fertility clinic in a lawsuit against the fertility doctor for using his own sperm in artificially inseminating a patient in the early 1980s. The lawsuit filed on behalf…

In Community Health Network, Inc. v. McKenzie (an opinion which has since been vacated), the Indiana Court of Appeals addressed several important health law issues, one of which was whether a claim of negligence arising out of a hospital employee’s accessing another’s private health information falls under Indiana’s Medical Malpractice Act. The Court of Appeals…

The Indiana Court of Appeals recently found in favor of a restaurant and winery in an Indiana slip-and-fall case. In Cooper’s Hawk Indianapolis, LLC v. Ray, the Plaintiff, Katherine Ray, while at Cooper’s Hawk Winery & Restaurant (“Cooper’s Hawk”), went to use the restroom and slipped and fell on her way out of the restroom…

As injury lawyers representing victims of car crashes, one of the most common causes of car accidents we see in police reports is that the at-fault driver was texting or reached down to retrieve a dropped phone. These common car crash causes should vanish if drivers follow Indiana’s new hands-free phone law. “Do not hold…

Barsumian Armiger attorney Jonathan Armiger’s article examining recent Indiana medical malpractice cases was published in Volume 40, No 1 of the Indiana Trial Lawyers Association (ITLA) Verdict. The article is republished below with permission from ITLA. MEDICAL MALPRACTICE VS. ORDINARY NEGLIGENCE The Indiana Court of Appeals has recently issued four opinions concerning whether the claims…

The Indiana Court of Appeals recently affirmed a jury verdict in favor of a defendant in an Indiana car accident case. In Cook v. Beeman, the Plaintiff, Edward Cook, was driving west on Tenth Street in Jeffersonville, Indiana and collided with a vehicle being driven north on Allison Lane by the Defendant, Mark Beeman. Both…

The Indiana Court of Appeals recently affirmed a trial court’s decision refusing to give a negligence jury instruction but giving jury instructions on inherent risks of equine activities and incurred risk in a horse-related injury case. In Burdick v. Romano, the Plaintiff, Kathleen Burdick, and the Defendant, Julie Romano, were riding horses in a horse…

The Indiana Court of Appeals recently reversed a trial court’s grant of summary judgment for a healthcare provider in a medical malpractice case which was based upon a motorist’s prior settlement with the Plaintiff and the Indiana Medical Malpractice Act’s cap on damages. In Batchelder v. Indiana Univ. Health Care Associates, Inc., the Plaintiff filed…

The Supreme Court of Kentucky recently issued a decision in Sneed v. University of Louisville Hospital affirming a trial court’s grant of summary judgment in favor of a hospital and two physicians in a Plaintiff’s medical malpractice claim arising out of a fourth-degree laceration the Plaintiff suffered during delivery on August 1, 2013, which caused…