Indiana Personal Injury Lawyer and Medical Malpractice Attorney Blog

Depending on the circumstances surrounding a fatality caused by another’s negligence, Indiana statutes may place limits on the monetary value of the human life taken when it comes to compensating the remaining family members for their loss. Known as a “damage cap,” such limits may be triggered by the status of the negligent actor being…

The Indiana Court of Appeals recently held in Parkview Hosp. Inc. v. Am. Family Ins. Co. that a hospital was entitled to judgment as a matter of law on its hospital lien claim against an automobile insurance company that paid settlement funds directly to an injured party pursuant to an Ohio court order due to…

We previously wrote about an Indiana Court of Appeals case in which the court reversed a trial court’s judgment on a jury verdict of $40,000 for a plaintiff in a truck accident case and remanded the case for a new trial based upon the trial court’s giving of a failure to mitigate jury instruction. In…

The Indiana Court of Appeals recently held a nursing home, qualified under the Indiana Medical Malpractice Act, had relinquished its right to protections afforded by the Act to medical malpractice defendants by contracting for claims against it to be resolved exclusively by arbitration, such that the estate of a nursing home resident could compel arbitration…

The Indiana Court of Appeals in Anonymous Physician 1 v. White affirmed the trial court’s denial of a motion to dismiss filed by a fertility doctor and fertility clinic in a lawsuit against the fertility doctor for using his own sperm in artificially inseminating a patient in the early 1980s. The lawsuit filed on behalf…

In Community Health Network, Inc. v. McKenzie (an opinion which has since been vacated), the Indiana Court of Appeals addressed several important health law issues, one of which was whether a claim of negligence arising out of a hospital employee’s accessing another’s private health information falls under Indiana’s Medical Malpractice Act. The Court of Appeals…

The Indiana Court of Appeals recently found in favor of a restaurant and winery in an Indiana slip-and-fall case. In Cooper’s Hawk Indianapolis, LLC v. Ray, the Plaintiff, Katherine Ray, while at Cooper’s Hawk Winery & Restaurant (“Cooper’s Hawk”), went to use the restroom and slipped and fell on her way out of the restroom…

As injury lawyers representing victims of car crashes, one of the most common causes of car accidents we see in police reports is that the at-fault driver was texting or reached down to retrieve a dropped phone. These common car crash causes should vanish if drivers follow Indiana’s new hands-free phone law. “Do not hold…

Barsumian Armiger attorney Jonathan Armiger’s article examining recent Indiana medical malpractice cases was published in Volume 40, No 1 of the Indiana Trial Lawyers Association (ITLA) Verdict. The article is republished below with permission from ITLA. MEDICAL MALPRACTICE VS. ORDINARY NEGLIGENCE The Indiana Court of Appeals has recently issued four opinions concerning whether the claims…

The Indiana Court of Appeals recently affirmed a jury verdict in favor of a defendant in an Indiana car accident case. In Cook v. Beeman, the Plaintiff, Edward Cook, was driving west on Tenth Street in Jeffersonville, Indiana and collided with a vehicle being driven north on Allison Lane by the Defendant, Mark Beeman. Both…