Posts by Marissa Claxton
Seeking Legal Guidance Before Problems Become Lawsuits
As a medical malpractice defense attorney, it is not uncommon to encounter patients who describe situations where if their concerns had been addressed differently or had they felt heard earlier in the process, they might have never pursued legal action. In some medical malpractice cases, a patient’s decision to file a lawsuit is not driven…
Read MoreAn Update on Motions for Summary Judgment in Medical Malpractice Claims
In Indiana, an action for medical malpractice is initiated when the patient, or plaintiff, files a proposed complaint with the Indiana Department of Insurance alleging: (1) the defendant health care provider(s) owed a duty to the plaintiff; (2) there was a breach of that duty; and (3) a breach of that duty proximately caused the…
Read MoreMy Spouse and I Are Getting Divorced – What Will Happen to Our Pets?
Today, most people consider their pets as family members. So, what happens to those pets when two spouses divorce? Will one party be awarded “primary physical custody?” Is there a “parenting time” schedule ordered? Are the “best interests” of the pets considered? While custody disputes over pets in divorce proceedings have become increasingly more common,…
Read MoreDivision of Property in Divorce – Equitable Does Not Always Mean Equal
Divorce, alone, can be mentally and emotionally draining. Add in navigating the complexities of dividing property between spouses and the process can become overwhelming. In Indiana, in the absence of a prenuptial or postnuptial agreement, property of either spouse, whether owned prior to marriage or acquired after marriage, is included in the marital pot. Courts…
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