Medical Malpractice

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…

Georgianne Walker, Trial Attorney & Partner at May Oberfell Lorber, LLP, joins Bill Kanasky, Jr., Ph.D. to discuss changes she has seen in litigation over the past couple of years. Georgianne talks about how her firm manages the volume of trial work with the logjam of trials taking place. Bill and Georgianne discuss the challenge…

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…

Jurisdiction: With a few exceptions, the proper forum for a medical malpractice case is before the Indiana Department of Insurance. In a medical malpractice action where a medical review panel has yet to issue a written opinion, a trial court has limited jurisdiction, which includes the jurisdiction to rule upon issues not preserved for the…

One of the first questions we ask when engaged to defend a client in a matter: Is it possible to secure a dismissal before our client must expend unnecessary time, resources and emotional energy? Indeed, some claims have merit and are appropriately pursued. Many claims, however, do not – at least against the client we…

South Bend / Mishawaka, IN – After multiple prior attempts, Indiana lawmakers may have finally reached a consensus to raise the total compensation cap under Indiana’s Medical Malpractice Act.  This is the first time the cap will be increased since 1999. The current law permits a total recovery of $1.25 million with a cap of $250,000.00…