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Indiana Personal Injury Lawyer and Medical Malpractice Attorney Blog

Indiana Supreme Court Resolves Court of Appeals Split in Medical Malpractice Cases
Barsumian Armiger

We previously wrote about a split between two panels of the Indiana Court of Appeals on what constitutes preferred venue under Indiana Trial Rule 75 in medical malpractice cases in Indiana. Indiana Trial Rule 75 provides for preferred venue in “the county where… the principal office of a defendant organization is located…,” and the Indiana…

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Component Part Manufacturer May Have Duty to Offer or Install Necessary Safety Features
Barsumian Armiger

The Indiana Supreme Court recently held in Brewer v. PACCAR, Inc. that a component part manufacturer (PACCAR) may have a duty to offer or install necessary safety features under Indiana’s Product Liability Act (IPLA). Because issues of fact existed as to whether the safety features were offered and necessary to make the final product safe,…

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Punitive Damages in Indiana
Barsumian Armiger

What are punitive damages? Punitive damages are a creature of common law and have been allowed for under certain circumstances by Indiana’s legislature under Indiana law. Cheatham v. Pohle, 789 N.E.2d 467, 471 (Ind. 2003); Ind. Code §§ 34-51-3-0.2 to 34-51-3-6. While the purpose of compensatory damages is to make a plaintiff whole and otherwise…

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Indiana Medical Malpractice Act Not Applicable to Claim of Negligent Dissemination of Protected Health Information
Barsumian Armiger

Not all claims against healthcare providers in Indiana constitute medical malpractice and fall within the scope of the Medical Malpractice Act. A slip-and-fall on untreated ice in a parking lot at a hospital, for instance, is a claim of ordinary negligence, as opposed to medical malpractice. The Medical Malpractice Act does not apply to claims…

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Heir Not Required to Recover Wrongful Death Damages in Indiana
Barsumian Armiger

The Indiana Supreme Court recently issued an opinion in Horejs v. Milford, 117 N.E.3d 559 (Ind. 2019), a medical malpractice wrongful death lawsuit in Indiana concerning the availability of “survivor damages” for wrongful death, including loss of love, care, and companionship. In Horejs, the surviving widower, the statutory beneficiary under Indiana’s wrongful death statute, died…

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Are Mesothelioma Claims from Decades-Old Asbestos Exposure Still Viable Under Indiana Law?
Barsumian Armiger

Yes, according to the Indiana Supreme Court decision in Myers v. Crouse-Hinds Div. of Cooper Indus., Inc., 53 N.E.3d 1160 (Ind. 2016). In this case, the Court consolidated three appeals involving the constitutionality of the Indiana Product Liability Act statute of repose as applied to plaintiffs who had suffered mesothelioma-related illnesses and in one case…

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“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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Sudden Medical Emergency Can Excuse Car Crash Under Indiana Law
Barsumian Armiger

The Indiana Court of Appeals recently upheld the grant of summary judgment in favor of the estate of a vehicle driver who suffered a heart attack and became unconscious while driving, which resulted in his vehicle speeding up, going off the roadway, and crashing into a nearby house. The vehicle driver died and his passenger,…

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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