Supreme Court Allows Emotional Distress Damages in Stillbirth Medical Malpractice Case

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.

IIGA and Damages In Medical Negligence Actions (Part 2)

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.

IIGA and Damages In Medical Negligence Actions (Part 1)

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.