Articles and Blogs

In an important decision for long-term care providers, the United States Supreme Court (SCOTUS) held that state and federal courts must enforce the Federal Arbitration Act (FAA) with respect to all arbitration agreements covered by that statute, including pre-dispute arbitration agreements that apply to claims alleging personal injury or wrongful death against nursing homes. READ MORE

On November 21, 2011, after a five-day jury trial in the Dubois County Circuit Court in Jasper, Indiana, the jury returned a defense verdict in favor of the defendant, Memorial Hospital and Health Care Center of Jasper, Indiana. DRI members Christopher L. Riegler and Kimberly A. Emil of Hall, Render, Killian, Heath & Lyman,... READ MORE

Two bills in Kentucky are currently under discussion that will, if enacted, impact litigation of contracts with arbitration clauses and cases involving malpractice of long-term care providers.  These bills significantly alter the current process for such actions. One bill, introduced as House Bill (HB) 88, changes the established treatment of arbitration clauses in contracts. ... READ MORE

In July 2011, the Court of Appeals handed down its opinion in Campbell v. Chambers, 951 N.E.2d 855 (Ind. Ct. App. 2011). The issue in this case was whether or not a mother was precluded from presenting evidence that there was a breach in the standard of care relating to her claim for negligent... READ MORE

Recently, the parents of a stillborn baby sued the midwife, health care center[1] and hospital for wrongful death and negligent infliction of emotional distress, the Marion Superior Court in Indianapolis granted the defendants summary judgment. The Court of Appeals reversed, holding that the parents have a valid claim for negligent infliction of emotional distress... READ MORE