Articles and Blogs

The abundance of information available on social media websites has changed the landscape of discovery in civil trials. A simple Google search can indicate whether a person has a Facebook, MySpace, LinkedIn or other social medical account with little effort. Informally, using Google can yield not only publicly available information, such as stories about... READ MORE

On July 11, 2013, the Wisconsin Supreme Court (“Court”) released its decision in Outagamie County v. Melanie L., reversing the decision of the Wisconsin Court of Appeals which affirmed the circuit court’s extension of an involuntary medication order.  The full text of the opinion can be found here. Procedural Posture The case involved review... READ MORE

In Mooney v. Anonymous, the Indiana Court of Appeals re-evaluated a trial court’s authority and jurisdiction to dismiss medical malpractice claims based upon a plaintiff’s failure to comply with the Medical Malpractice Act and to diligently prosecute the claim. Although the Court of Appeals’ decision was based upon procedural developments and global delays unique... READ MORE

On July 10, 2013, the Wisconsin Supreme Court released its decision in Dane County v. Sheila W., 2013 WI 63 (per curiam), in which it affirmed the Court of Appeals’ dismissal of the case because the issues were rendered moot, or no longer in controversy, by the expiration of the underlying order appointing a temporary... READ MORE

On July 1, 2013, House Bill 1135 takes effect.  The bill amends several current statutes and creates Ind.Code §25-23.4-1 et seq. for certified direct entry midwives (“CDEM”).  The new law includes the following provisions that could potentially affect hospitals and claims involving CDEM. Amendments to existing statutes include: IC §16-37-2-9 is amended to require... READ MORE

On May 14, 2013, the Indiana Supreme Court issued a 5-0 opinion authored by Justice Mark Massa in State v. Doe, 2013 WL 1975865 (Ind.,2013) reversing the trial court’s denial of the Defendant’s motion to reduce a punitive award pursuant to the statutory cap.  The Court held:  the statutory cap on punitive damages that... READ MORE

The Court of Appeals recently held that a medical malpractice complaint is not considered filed upon mailing when a third-party commercial carrier is used to deliver the complaint to the Indiana Department of Insurance. The Plaintiff in Moryl v. Ransone et al. was the surviving spouse of a patient that passed away while undergoing... READ MORE

On April 30, 2012, the Wisconsin Court of Appeals decided Brooten v. Hickok Rehabilitation Services, LLC, No. 2012AP1940, unpublished slip opinion, further limiting the enforceability of standard liability waivers used by local businesses.  The decision made clear that “negligence” or “negligent” are not “magic words rendering an exculpatory clause valid.” In Brooten, the plaintiff... READ MORE

If you or your business accepted payment via Visa or MasterCard between January 1, 2004 and November 28, 2012, you may be eligible for a cash award as a result of a pending class action lawsuit. Additionally, you may be approached by consultants who will offer to register you for participation in exchange for... READ MORE

A recent Court of Appeals of Indiana decision limits future defendants from using Indiana’s Medical Malpractice Act’s statute of limitations to dismiss plaintiffs’ claims. If a plaintiff sends her complaint to the Indiana Department of Insurance within the two-year statute of limitations, but fails to provide the fee until after the two-year window has... READ MORE