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 MoreCorporations often hire outside legal counsel to conduct investigations for several important reasons: Impartiality and Objectivity: Outside counsel can provide an unbiased perspective, which is crucial for ensuring the investigation is conducted fairly and without any internal conflicts of interest. This impartiality helps in presenting findings that are credible and trustworthy and based on facts…
Read MoreJurisdiction: 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…
Read MoreTime is of the essence when it comes to filing mechanic’s liens in Indiana. A mechanic’s lien is a lien placed on real property for the nonpayment of labor or materials. The mechanic’s lien has longstanding history in Indiana law. The Indiana Supreme Court has identified the mechanic’s lien as “a statutory tool to help…
Read MoreCourts have longtime been addressing the issue of harassment in the workplace, but it is still a credible, ongoing issue. In Fiscal Year 2023 alone, the United States Equal Employment Opportunity Commission received 81,055 charges of workplace discrimination. Discrimination and harassment disrupt the workplace by creating an environment that fosters mistrust, reduces morale, and hinders…
Read MoreIf you have been in a car accident and experienced a slip and fall and sustained injuries, you may receive an offer of compensation for those injuries. The offer may seem reasonable to you, or it may seem like it is one-time offer that will be taken away if you delay any further. You may…
Read MoreThe Small Business Administration (SBA) is an agency in the US Government that provides loan guaranties to banks that allows them to provide financial help to small businesses. This lets lenders give loans to small businesses that might otherwise be too risky without this additional level of insurance. The most common SBA loan is called…
Read MoreYoung adults in Indiana can benefit significantly from estate planning, regardless of their age or financial situation. An estate plan can provide peace of mind, protect loved ones, and ensure your wishes are honored in the event of incapacity or death. Estate planning is simply making legal arrangements for the management and distribution of your…
Read MoreThe Michigan Supreme Court overturned a 2001 precedent that had all but ended most slip and fall cases in Michigan before they began. In July 2023 in a 5 to 2 Opinion authored by Chief Justice Elizabeth Clement, the majority of the Michigan Supreme Court introduced a new framework for premises liability that puts the…
Read MoreToday, 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,…
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