A Patient’s Duty and Contributory Negligence in Medical Malpractice

By Amanda Jordan | March 31, 2022

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…

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Benefits and Qualifications for Indiana Diversion Programs

By Janelle Cooper | March 31, 2022

Most counties across Indiana offer criminal diversion programs. These programs are designed for people with little to no criminal history. Under Indiana Code Sections 33-39-8-5(6) and 33-39-1-8, persons charged with certain misdemeanors (and certain felonies) can enroll in the program and avoid having a conviction on their record after successfully completing the program. Diversion programs…

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What is Devolution

By Nathan Barnes | March 10, 2022

Devolution is the transfer of a person’s assets (i.e., real estate, bank accounts, retirement accounts, or any other property a person owns) to his/her/their heirs as a matter of law upon a person’s death. Indiana’s devolution is found under I.C. § 29-1-7-23(a): “When a person dies, the person’s real and personal property passes to persons…

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I won my lawsuit. Now what?

By Katlyn Foust Hunneshagen | February 14, 2022

One consideration everyone should contemplate before initiating a lawsuit, is the realistic outcome of collecting any judgment obtained in court or settlement. Individuals who have had little experience with the civil justice system are often shocked to find out that even if they succeed in trial and obtain a monetary award for their damages, they…

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Termination/Expiration of a Power of Attorney

By Joseph L. Amaral | January 31, 2022

In Indiana a “power of attorney” means a writing or other record that grants authority to an attorney in fact or agent to act in place of a principal. (I.C. 30-5-2-7) Clients will often want to know when a power of attorney terminates. There are several events which will cause a power of attorney to…

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Supreme Court Rules on Two Vaccine Mandates

By Sean Towner | January 19, 2022

The Biden Administration proposed three (3) vaccine mandates in 2021. The first mandate pertained to medical facilities which receive Medicare or Medicaid payments (hospitals, nursing homes, etc.). The second mandate pertained to companies which accept federal contracts (and the company’s subcontractors who may work on the project). The third mandate – which was the most…

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The Role of Experts in Litigation

By Avrohom Kram | November 24, 2021

Expert witnesses are often thought of as “hired guns” who provide favorable testimony in return for their fees. This view is bolstered by high-profile cases where both sides rely on the testimony of seemingly highly-qualified experts who reach opposite conclusions. However, such a perspective fails to see the benefit and importance of experts in our…

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Electronic Service – A Cautionary Tale for Attorneys

By Matthew Anderson | September 24, 2021

Recently, in an unpublished opinion, the Indiana Court of Appeals upheld a trial court ruling refusing to vacate an order of summary judgment where one of the lead responding counsel of record was not served electronically but his co-counsel was. In Neil v. Byers, 2021 Ind. App. Unpub. LEXIS 741, 2021 WL 3871935, an injury…

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Supreme Court Rules For Residential Landlords

By Sean Towner | August 31, 2021

In response to the coronavirus pandemic, the Center for Disease Control (“CDC”) issued a moratorium on residential evictions for non-payment of rent in mid-2020. The CDC’s moratorium prevented residential landlords from evicting tenants who failed to pay rent if the tenant executed a short “tenant declaration”. Landlords were still able to evict tenants who violated…

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Multiple Recoveries Under Indiana’s Medical Malpractice Act

By Amanda Jordan | July 30, 2021

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…

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