medical malpractice Archives - Cohen & Malad, LLP

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 »

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 »

Medical Malpractice and Motor Vehicles

by: David J. Cutshaw, Attorney Is a doctor responsible for a motorist’s injuries when he or she fails to warn his patient that the medications he is giving the patient may cause the patient to black out while driving an automobile? The answer to that question was discussed by the Indiana Court of Appeals in… Continue Reading »

Medical Malpractice and Adoption

by: David J. Cutshaw, Attorney In an interesting case, the Indiana Court of Appeals recently ruled that adoptive parents could proceed with a medical malpractice case against a hospital for misrepresenting the health of a child the couple sought to adopt. In Jeffrey v. Methodist Hospital, adoptive parents asked the hospital for the health records… Continue Reading »

Is Indiana’s Cap on Medical Malpractice Damages Unconstitutional?

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… Continue Reading »