This week’s post is dedicated to what I, and many others, consider to be a profoundly evil legal doctrine. It is known as the Voluntary Payment Doctrine. I have recently spent a great deal of time researching the doctrine for a journal article that I am drafting to...
Month: September 2012
Court Finds Hospital Can be Liable Where Doctors Were Apparent Agents and Claims Against the Doctors Could No Longer be Brought
Yesterday, the Indiana Court of Appeals issued an important decision that impacts both medical malpractice law as well as agency law. The basic issue in the case was whether claims for medical malpractice could proceed against a hospital where the plaintiff did not...
New Decision Provides No Clear Answer to Complex Medical Malpractice Issue
**UPDATE** The Indiana Supreme Court granted transfer, thereby vacating the Court of Appeals' opinion. On review, the Indiana Supreme Court concluded that the failure to fully pay the filing fee to the Indiana Department of Insurance at the time of submitting a...
Indiana Court Expands Interpretation of Consumer Protection Law
Indiana, like many of her sister states, has a law on the books to protect consumers. This consumer protection statute is called the Indiana Deceptive Consumer Sales Act or occasionally referred to as the Indiana Deceptive Consumer Sales Practices Act. I add the...