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Indiana Personal Injury Lawyer and Medical Malpractice Attorney Blog

Recovery of Diminished Value of Truck in Auto Accident Case Approved by Indiana Court of Appeals
Barsumian Armiger

Persons involved in car accidents in Indiana due to no fault of their own have numerous claims for damages that they can pursue against the at-fault parties that caused the collisions. Claimants can pursue claims for wrongful death, physical and permanent injuries, medical costs and other expenses, lost wages, lost time, loss of enjoyment of…

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“An Insured Is an Insured Is an Insured Is an Insured” for Purposes of an Insurer’s Duty of Good Faith and Fair Dealing
Barsumian Armiger

“[A]n insured is an insured is an insured is an insured for purposes of an insurer’s duty of good faith and fair dealing,” the Indiana Court of Appeals wrote in its recent decision in Schmidt v. Allstate Prop. & Cas. Ins. Co. In this case, Monika Schmidt was injured in a car accident. She was…

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Non-Physician Healthcare Provider Allowed to Give Expert Causation Opinion in Indiana Medical Malpractice Case
Barsumian Armiger

The Indiana Court of Appeals recently issued a decision on whether a non-physician healthcare provider could render an expert opinion as to medical causation in an Indiana medical malpractice case. In Riley v. St. Mary’s Med. Ctr. of Evansville, Inc., the patient filed a lawsuit against a hospital arising out of an IV contrast extravasation…

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Indiana Essure Product Liability Claims Survive Bayer’s Motion to Dismiss
Barsumian Armiger

The Indiana Court of Appeals recently considered Bayer’s motion to dismiss the claims of more than 30 women who had suffered complications alleged to have been caused by Bayer’s Essure medical device. Bayer’s challenge was two-fold: (1) that the complaint itself was deficient and (2) that the claims were preempted by federal law, and thus…

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Kentucky Supreme Court Reinstates Defense Verdict in Medical Malpractice Wrongful Death Trial
Barsumian Armiger

A few months ago we wrote about an Indiana Supreme Court decision granting a plaintiff a new trial as a result of a trial court’s refusal to strike a biased juror for cause which caused the plaintiff to lose a peremptory strike of another juror. In Floyd v. Neal, the Kentucky Supreme Court reversed the…

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Snow and Ice Removal Contractor Secures Summary Judgment Citing Slippery Services Agreement
Barsumian Armiger

The Indiana Court of Appeals recently resolved a dispute between an apartment complex property manager, Buckingham Management, L.L.C. d/b/a Bradford Place Apartments (Bradford), and a snow-and-ice removal contractor, Tri-Esco, Inc. (Tri-Esco), arising out of a slip and fall injury that Deborah Perez (Perez) suffered when she slipped and fell on ice at the Bradford Place…

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Indiana Court of Appeals Reverses Trial Court In Personal Injury Case Dealing with Indiana’s Claims Against Public Schools Act
Barsumian Armiger

The Indiana Court of Appeals recently reversed a trial court’s dismissal of an Indiana automobile accident case in which the injured motorist was alleged not to have complied with the notice provisions of Indiana’s Claims Against Public Schools Act (“CAPSA”). In Smith v. Franklin Twp. Cmty. Sch. Corp., Benjamin Smith (“Smith”) was injured when his…

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Last Reasonable Opportunity to Diagnose and Treat Not Last In-Person Visit Establishes Date on Which Statute of Limitations Begins to Run in Indiana Medical Malpractice Claims
Barsumian Armiger

The Indiana Court of Appeals recently issued an opinion in Strickholm v. Anonymous Nurse Practitioner reversing a trial court’s grant of summary judgment based upon the statute of limitations. Under the Indiana Medical Malpractice Act (MMA), a claim for medical malpractice may not be brought against a health care provider based upon professional services or…

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Goshen Health Alerts Patients of Hospital Sterilization Failure and Risk of Infection
Barsumian Armiger

Goshen Health Hospital and Emergency Room has recently alerted patients undergoing surgical procedures between April 1, 2019 and September 30, 2019 that they may have been exposed to infectious diseases such as the hepatitis B virus, the hepatitis C virus, and the human immunodeficiency virus (HIV) due to their failure to fully complete a multistep…

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Insurers Assume the Risk When Disputing Coverage While Not Defending Their Insureds
Barsumian Armiger

Personal injury lawyers must often navigate complex and confusing insurance policies that might be available to compensate their injured clients. Insurance policy types may include general liability, professional liability, medical payment, health insurance, and in a recent truck accident case decided by the Indiana Court of Appeals, an MCS-90 Endorsement. An MCS-90 is known to…

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Client Reviews

"My son was involved in a personal injury accident involving multiple parties. We live out of state and Mr. Barsumian graciously accepted the case after the need to change counsel presented itself, thus coming in midway. This cannot be easy for any lawyer. Once this change was made the case became a...

- Shelie

"Todd worked on a personal injury case for my family, walking us through all the legal jargon and process. We were very worried about everything, and his personal style and professionalism helped us through an extremely difficult time. Todd's integrity is beyond reproach."

- Anonymous

"Todd is an amazing attorney and an even better person. He went above and beyond to help us win our case. We had obstacle after obstacle and he never slowed down in working for us! There is no question, if we never needed an attorney again, he will be our go to guy!!"

- Kayla