Indiana Personal Injury Lawyer and Medical Malpractice Attorney Blog

The Indiana Court of Appeals recently revived a personal injury claim involving the legal doctrine of res ipsa loquitur and its applicability in the premise liability context. In Isgrig v. Trustees of Indiana University, Kiera Isgrig (“Isgrig”) was injured while studying in a building at Indiana University Bloomington (IU) when a window, which she and…

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 reviewed Indiana’s “firefighter’s rule,” ultimately ruling in favor of a firefighter injured while responding to a building fire in Fort Wayne, Indiana. In Dolsen v. VeoRide, Inc., firefighter Richard Dolsen, Jr. (“Dolsen”) responded to a fire at a building owned by Sweet Real Estate – City Center, LLC (“Sweet”)…

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…

In Z.D. v. Community Health Network, Inc., the Indiana Supreme Court addressed a patient’s claim for invasion of privacy and negligence against a hospital that disclosed her private health information to a wrong person. Z.D. received medical care at Community Health Network’s emergency department in 2018. A hospital employee called Z.D. to discuss her health…

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,…

The Indiana Court of Appeals recently reversed a trial court’s denial of a motion for summary judgment filed by the Indiana Department of Insurance and the Indiana Patient’s Compensation Fund (the Fund) in a negligent credentialing claim. In Indiana Dep’t of Ins. v. Doe, a doctor sexually molested a minor child during a physical exam.…

The Indiana Supreme Court recently affirmed a trial court’s judgment dismissing a personal injury lawsuit based upon issue preclusion and Indiana’s Comparative Fault Act. In Davidson v. State, Kathryn Davidson (“Davidson”) sustained severe injuries and was rendered a quadriplegic when she was ejected from the passenger seat of a semi-truck that crashed into an overpass-bridge…

The Supreme Court of the United States has spoken on nursing home resident rights. In a landmark decision, it has affirmed the right of nursing-home residents to sue for violations of their dignity and freedom under federal law. The case was brought by Ivanka Talevski, whose father Gorgi suffered from dementia and was subjected to…

The Indiana Court of Appeals recently affirmed a trial court’s grant of summary judgment to the Indiana Department of Transportation (INDOT) based upon immunity provided under the Indiana Tort Claims Act (ITCA), Indiana Code Chapter 34-13-3. In Cranfill v. Dep’t of Transp., Josephine Cranfill was killed when the vehicle in which she was riding as…