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Is Indiana’s Cap on Medical Malpractice Damages Unconstitutional?

February 15, 2012 by cohenandmalad Leave a Comment

by:David Cutshaw, Attorney
The Indiana Court of Appeals recently ruled that a plaintiff in a medical malpractice case can have a hearing to determine whether the Indiana cap on medical malpractice damages is unconstitutional. In Plank v. Community Hospital, the plaintiff obtained a jury verdict of $8.5 million relative to the death of his wife who died when the defendant doctors failed to diagnose a bowel obstruction. The obstruction caused the bowel to leak into the patient’s abdominal cavity causing a deadly infection. The Indiana Medical Malpractice act limits damages to $1.25 million; so the trial judge reduced the $8.5 million verdict to $1.25 million.
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Your 4-Point Divorce Checklist

February 8, 2012 by cohenandmalad

by: Sarah T. Starkey, Attorney
Divorce can be quite difficult from both an emotional standpoint, as well as a legal standpoint. A little planning on your part can help ease the stress of your divorce proceeding and possibly save you time and money. While each case is different, the following tips can help you get started.
1. Collect your statements. Often times one spouse has primarily handled the finances for the household, leaving the other spouse in the dark as to what actually comprises the marital estate. You can educate yourself, and assist your attorney, by gathering statements for your bills, bank accounts and other assets and debts. If your statements are electronic, you can call and request to have paper statements mailed to you for your credit card balances, mortgages, and auto loans. … Read More

When Lawyers Wear Two Hats: Privilege and In-House Counsel

February 1, 2012 by cohenandmalad

Learn more about our Business Litigation practice and attorneys
Legal departments with large staffs of dedicated attorneys have long been common in major corporations. But a growing number of smaller organizations now employ in-house counsel. This can pose special challenges to both the attorneys and the organizations they serve, because the attorneys are more likely to juggle multiple responsibilities, performing both legal and nonlegal duties. While the attorney-client privilege and work-product doctrine protect the attorney’s role as a lawyer, the mere fact that an attorney provided some other business advice or performed some other task does not give special protection to otherwise discoverable information. This article will explore that distinction.
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How Conservation Easements Protect Our Future

January 18, 2012 by cohenandmalad

by: Richard M. Malad, Attorney
For those that thought an easement was just something to allow you to drive through someone’s property or to allow utilities to go through your property, listen up! While an easement can do these things it can also do so much more. The basic definition of an easement is a property right that a landowner extends to another for a limited purpose, which could be just about anything.
One creative use of an easement is the preservation of natural resources and wildlife. If you, or a client, have a piece of land that is loved “as-is” and you want to keep it that way for your kids, grandkids, and the animals who call it home, a conservation easement may be something to consider.
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Supreme Court Allows Emotional Distress Damages in Stillbirth Medical Malpractice Case

January 12, 2012 by cohenandmalad

by:David Cutshaw, Attorney
On December 13, the Indiana Supreme Court, in the case of Spangler v. Bechtel, determined that the parents of a fully developed fetus which was still-born may recover damages for emotional distress if the child was still-born as the result of medical malpractice. This emotional distress claim by both parents may be based upon the Indiana Medical Malpractice Act and the Child Wrongful Death Act.

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Turning Your Judgment Into Cash

January 5, 2012 by cohenandmalad

Learn more about our Business Litigation practice and attorneys
In cases ranging from simple small-claims matters to large, complex commercial disputes, winning your case – that is, obtaining a judgment against your opponent – may prove to be just the first step in recovering your loss. You are now a judgment creditor: you have a piece of paper ordering the defendant (now a judgment debtor) to pay you a sum of money, but you can’t use that piece of paper to buy gasoline, or pay the note on your rental property, or reward your employees. This article will share some basic strategies for collecting on a judgment. Each case is different, and there can be serious consequences for violating bankruptcy and debtor-protection laws, so it’s always a good idea to work with an experienced creditor’s attorney.
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IIGA and Damages In Medical Negligence Actions (Part 2)

December 29, 2011 by cohenandmalad

by:David B. Allen, Attorney
In this second part of a two-part article, I will discuss issues surrounding the application of the Guaranty statute in medical malpractice cases.
Conflict Between Guaranty Statute and Medical Malpractice Act
IIGA’s refusal to pay medical specials is not the only problem for Plaintiffs in medical malpractice cases when the healthcare defendant’s insurer becomes insolvent. In fact there are a couple problematic areas of the Guaranty statute where the interests of patient Plaintiffs and defendant healthcare providers are actually aligned.
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IIGA and Damages In Medical Negligence Actions (Part 1)

December 20, 2011 by cohenandmalad

by:David B. Allen, Attorney
In this first of a two-part article regarding litigation issues involving the Indiana Insurance Guaranty Association (IIGA) and damages in medical negligence actions, I will provide background regarding the Guaranty Statute and issues with the IIGA’s interpretation of the statute. A future article will address this matter further and provide some solutions to remedy the conflicts.
For Plaintiffs with pending medical negligence actions, it is a long, hard road to success and to recovery of damages for their losses. In recent years, that road has become even more difficult as a result of several medical negligence liability carriers becoming insolvent.
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Growing Concerns About Propecia®

November 30, 2011 by cohenandmalad

Male pattern baldness is no laughing matter and, in fact, for many it is a part of life. Approximately 20 million men in the U.S. currently experience some level of hair loss, and one in four men will begin to go bald by their 30th birthday. By the time they reach 60 years of age, 2 out of 3 men are bald. Hair loss can greatly impact a man’s self-esteem and make them feel less confident in seeking career opportunities or dating. Men have opened up about their feelings in interviews and on blogs talking about how they equate losing their hair with losing their youth.
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