Medical Malpractice

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…