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...
Medical Malpractice
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...
Damages Pt. 9 — Damages for the Loss of Chance of Survival from Medical Malpractice
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...