All too often, a physician’s fear of liability will keep them from admitting to wrongdoing when they’ve made a mistake or otherwise subjected a patient to a subpar standard of care. When this occurs, patients may be either left in the dark that they’re now uniquely...
When we fall sick, we visit the hospital for treatment so we can get back on our feet and carry on with our lives. It is the job of the hospital to hire healthcare providers who can diagnose, treat and help patients recover from their illnesses and injuries. But,...
Yesterday the Indiana Supreme Court handed down a concise but extremely informative decision in the realm of medical malpractice law. In keeping with what has become a very distinct pattern in cases involving statutory interpretation, the opinion was authored by...
**UPDATE** On June 7, 2013, the plaintiff, Mrs. Moryl, petitioned the Court of Appeals for rehearing of the matter. Rehearings are rarely, but occasionally, granted. This is typically a precursor to seeking transfer to the Indiana Supreme Court. An important note is...
I had initially planned to discuss the law on expert testimony by way of the recent Court of Appeals medical malpractice case Carter v. Robinson decided on Tuesday. However, the following day on Halloween the Indiana Supreme Court handed down another medical...
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...
**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...
This week the attorneys at Pavlack Law discuss Indiana’s “loss of chance” doctrine in Medical Malpractices cases. The loss of chance doctrine attempts to provide compensation for a patient – or the patient’s estate if he or she has passed on – where because of medical...