Articles Posted in Medical Malpractice

“Medical Malpractice” and “Medical Negligence” Distinction without Difference in Indiana
Barsumian Armiger

In finding in favor of several healthcare providers in a medical malpractice case in Indiana, the Indiana Court of Appeals in Speaks v. Vishnuvardhan Rao reviewed numerous concepts applicable to medical malpractice claims in Indiana. Medical malpractice claimants in Indiana must prove that a healthcare provider owed the patient a duty, the healthcare provider breached…

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Indiana Court of Appeals Splits Decisions on Venue in Indiana Medical Malpractice Cases
Barsumian Armiger

There currently exists a split between two panels of the Indiana Court of Appeals on what constitutes preferred venue under Indiana Trial Rule 75. Indiana Trial Rule 75 is a rule adopted by the Indiana Supreme Court that sets forth venue requirements for cases filed in Indiana state courts. While the rule provides that “[a]ny…

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Medical Review Panels Unconstitutional in Kentucky, Constitutional in Indiana
Barsumian Armiger

Legislators in Indiana and Kentucky have enacted laws mandating medical review panels in cases where individuals allege they have been harmed by a healthcare provider’s negligence, commonly known as medical malpractice. Under legal challenge, Indiana found the legislation constitutional, whereas Kentucky did not. Long ago, prior to enacting this legislation, Indiana’s and Kentucky’s founders provided…

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Indiana’s Limited Medical Malpractice Fraudulent Concealment Doctrine
Barsumian Armiger

The Indiana Court of Appeals recently issued an opinion in Biedron v. Anonymous Physician 1 addressing the applicable statute of limitations in medical malpractice lawsuits in Indiana. Biedron involved three related medical malpractice claims, which were consolidated for the purposes of the appeal. Proposed complaints for medical malpractice were filed by the plaintiffs with the…

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Will FDA Valsartan Recall End in Lawsuits?
Barsumian Armiger

Our lawyers are currently investigating the FDA’s recall of Valsartan in an effort to determine whether a sufficient medico-legal basis will exist to file Valsartan lawsuits for those impacted. At this point, it is difficult to ascertain whether those who have taken Valsartan products contaminated with NDMA may have been adversely affected by taking the…

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Overmedication In Nursing Home
Barsumian Armiger

It’s a fear that many people have – that they or their parents will end up in a nursing home unable to care for themselves and becoming overmedicated. The fact is that many nursing home residents are suffering from Alzheimer’s or some form of dementia which can make them aggressive or anxious. That makes them…

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Medical Negligence on the Rise in Indiana
Barsumian Armiger

According to a recent Evansville Courier and Press story, medical negligence is on the rise in Indiana as reflected by data collected by the Department of Health. According to the Courier story, the most common preventable medical errors were pressure ulcers aka bedsores, followed by incidents of foreign objects left in patients after surgery. And,…

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