By: David J. Cutshaw, Attorney In May of 2016, we contrasted the ability of a private citizen to sue a doctor for a violation of the child abuse reporting statute and the right of a doctor to sue a lawyer for an inadvertent disclosure of a doctor’s name in a medical malpractice complaint. Since May… Continue Reading »
First Thing We Do Is Blame the Lawyers
By: David J. Cutshaw, Partner and Gabriel A. Hawkins, Partner Cohen & Malad, LLP has been involved in several what we call mass tort medical malpractice cases. In essence, these cases involve situations where a doctor or surgeon has performed unnecessary procedures, not for the patient’s benefit, but for the benefit of the doctor’s pocketbook… Continue Reading »
Please – just give me my medical records!
By: Kelley J. Johnson, Attorney As a medical malpractice attorney, I have the pleasure of speaking with potential clients who believe they are a victim of medical or dental malpractice nearly every day. One of the first questions I always ask them is, “Did you get a copy of your medical records yet?” Amazingly, a… Continue Reading »
Patient’s Medical Malpractice Case Allowed to go Forward to Trial
By: Kelley J. Johnson, Attorney Our Indiana Supreme Court recently reversed summary judgment against a hospital and a doctor allowing a patient’s medical malpractice case to go forward to trial. In the recently issued decision, Siner v. Kindred Hosp. Ltd. Partnership, et al, No. 49S05-1604-CT-219, 2016 WL 1704317 (Ind. Apr. 28, 2016), the Indiana Supreme… Continue Reading »
A Contrast In Private Rights Of Action In Indiana
By: David J. Cutshaw, Attorney The Indiana Court of Appeals recently issued a decision in the case of Sprunger v. Egli, 44 N.E. 3d 690 (Ind. App. 2015), a medical malpractice case where the plaintiff alleged that her 13-month old daughter died of child abuse that should have been reported by the child’s pediatrician. The… Continue Reading »
The Challenges of Filing a Dental Malpractice Suit – Part II
By: Kelley J. Johnson, Attorney As a malpractice attorney, I receive many calls from potential victims of dental malpractice. As I explained in Part I, unfortunately, dental malpractice cases are tough because they are expensive to bring and can take years to resolve – just as a medical malpractice case. This means that dental injuries… Continue Reading »
The Challenges of Filing a Dental Malpractice Suit – Part I
By: Kelley J. Johnson, Attorney The Dentist. For most, those words just mean a routine dental appointment for check-ups and cleanings with the occasional follow up appointment to fill a cavity or have a root canal performed. For some, though, that routine trip to the dentist can turn into a complication that can change a… Continue Reading »
What to do if you think you are a victim of medical malpractice
By: Kelley J. Johnson, Attorney A medical malpractice can occur when a doctor’s or hospital’s or other medical professional’s treatment provided to you falls below the accepted standard of practice in the medical community and causes harm to you. The treatment can be an action taken by a doctor or can be something the doctor… Continue Reading »
Can a Non-Patient File a Medical Malpractice Claim?
by: David J. Cutshaw, Attorney Medical Malpractice Claims by non-patients–are they permitted in Indiana? The law in Indiana generally requires there to be a patient/physician relationship before a medical malpractice claim can be filed against a doctor. A recent case decided by the Indiana Supreme Court, however, recognized that in certain situations, a person may sue… Continue Reading »
Indiana Court of Appeals Issues Ruling about Liability for Contractor Negligence in Medical Malpractice Case
by: David J. Cutshaw, Attorney When a patient goes to a hospital and is attended by doctors like radiologists or anesthesiologists whom they have never met, is the Hospital liable or responsible for such doctors’ negligence? For example, if a patient goes to the hospital for a biopsy, the tissue removed is then sent to… Continue Reading »
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