Medical Malpractice

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…

Medical malpractice is a special tort claim involving the professional negligence of licensed healthcare providers. To prevail in a medical malpractice action in Michigan, a plaintiff must prove four elements: (1) Duty, (2) Breach, (3) Causation, and (4) Damages. Hospitals and other healthcare facilities may be vicariously liable for the negligent acts of their nurses,…

In a medical malpractice action, a plaintiff must establish three elements: 1. The defendants’ duty in relation to the plaintiff; 2. The defendants’ failure to conform its conduct to the requisite standard of care; and 3. An injury to the plaintiff resulting from that failure. The plaintiff must prove by expert testimony that the defendant…

As a general rule, Indiana common law uses the comparative fault doctrine for negligence actions. However, Indiana’s adoption of the comparative fault doctrine specifically excluded “actions against qualified healthcare providers for medical negligence.” Instead, the doctrine of contributory negligence applies to actions for medical negligence against qualified healthcare providers. A plaintiff’s contributory negligence operates as…

Medical Malpractice is defined as “a tort or breach of contract based on health care or professional services that were provided, or that should have been provided, by a health care provider, to a patient.”  The total amount recoverable depends on the year the claim accrued. Further, Indiana’s Medical Malpractice Act provides for a cap…

Indiana law provides some protections for those who furnish health care in response to a disaster emergency declared by the governor, as Governor Eric Holcomb did to address the current COVID-19 pandemic.  As news reports have made clear, our medical personnel and facilities have been faced with treating unanticipated numbers of patients for a new…

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…