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Articles Posted in Setoff

Credit or Setoff from Non-Healthcare Settlement Should Be Deducted from Total Case Value, Not Statutory Cap, in Indiana Medical Malpractice Cases
Barsumian Armiger

The Indiana Court of Appeals recently reversed a trial court’s grant of summary judgment for a healthcare provider in a medical malpractice case which was based upon a motorist’s prior settlement with the Plaintiff and the Indiana Medical Malpractice Act’s cap on damages. In Batchelder v. Indiana Univ. Health Care Associates, Inc., the Plaintiff filed…

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