Articles and Blogs

On January 15, 2013, the Indiana Supreme Court issued a 5-0 opinion authored by Justice Robert Rucker in Plank vs. Community Hospital affirming the trial court’s denial of Plank’s request for an evidentiary hearing to challenge the constitutionality of the Medical Malpractice Act concluding that Plank had forfeited his opportunity to conduct such a... READ MORE

On December 12, 2012, the Indiana Supreme Court issued four opinions related to the broad discretion of the trial court in awarding prejudgment interest. In Indiana, the Tort Prejudgment Interest Statute (“TPIS”) (or IC § 34-51-4-1 et. seq.), was enacted to “encourage settlement and to compensate the Plaintiff for the lost time value of... READ MORE

Historically, plaintiffs and defendants in personal injury actions have agreed that the value of the plaintiff’s claim is largely driven by the value of the medical expenses incurred by the plaintiff as a result of the defendant’s alleged negligence, with higher costs resulting in higher values for the plaintiff’s claim and vice versa.  As... READ MORE

On November 16, 2012, the United States District Court for the Eastern District of Michigan released an 80 page opinion granting Summary Judgment in favor of St. Mary Mercy Hospital in the case Brintley v. St. Mary Mercy et al (No. 09-cv-14014). The plaintiff was a former physician at St. Mary Mercy who had... READ MORE

On September 19, 2012, the Indiana Court of Appeals issued its opinion in Columbus Regional Hospital vs. Clyde Amburgey.  The Court allowed plaintiff to proceed against the Hospital for the actions of physicians on staff as apparent agents even though the physicians were not named in the lawsuit.  The court found a material issue... READ MORE

On August 10, 2012, the Indiana Court of Appeals issued its opinion in Houser v. Kaufman and held that a woman could continue her claim against the physician who delivered her 35 years before she filed her claim. Stacy Kaufman filed a proposed medical malpractice claim against the estate of anonymous physician Dr. K... READ MORE

On August 15, 2012, the Indiana Court of Appeals issued its opinion in Curts v. Miller’s Merry Manor.  For the first time, the Court of Appeals held that nurses could be qualified as an expert witness under Indiana Evidence Rule 702 and could offer an expert opinion as to whether an alleged breach caused... READ MORE

Last month, the Sixth Circuit Court of Appeals issued an unpublished opinion granting a health care maintenance organization statutory immunity under the Health Care Quality Improvement Act (“HCQIA”) after terminating a physician’s contract.  In Moore v John Deere Health Care Plan, Inc., John Deere terminated the contract of Dr. Moore after receiving numerous quality... READ MORE

In Gister v. American Family Mutual Insurance Company, 2012 WI 86 (July 11, 2012), the Wisconsin Supreme Court held that charitable hospitals in Wisconsin may pursue payment for the medical care provided to Medicaid recipients by filing a lien against the settlement between the patient and the insurance company insuring the liability of the... READ MORE

Federal regulations are an enormous morass of complex, confusing, and often contradictory rules. The 2009 Code of Federal Regulations was 163,333 pages in 226 individual books.  The 2010 Federal Register, which contains new regulations proposed rules, and presidential papers, contained an additional 81,305 pages.  Intended as a roadmap, providing guideposts and requirements for dealing... READ MORE