Damages for Negligent Infliction of Emotional Distress Continue to be Unavailable in Indiana Adult Wrongful Death Medical Malpractice Claims
Barsumian Armiger Injury Lawyers Blog
by Barsumian Armiger
1M ago
The Indiana Court of Appeals recently reaffirmed the unavailability of damages for negligent infliction of emotional distress (NIED) in adult wrongful death medical malpractice claims. In Hyzy v. Anonymous Provider 1, Mark Hyzy filed a medical malpractice claim for the death of his mother Carolyn Hyzy. He sought various damages, including damages for NIED. The Defendant filed a motion for preliminary determination to dismiss Hyzy’s NIED claim. After a hearing, the trial court dismissed the claim, and Hyzy appealed to the Indiana Court of Appeals. The Indiana Court of Appeals first reviewed the ..read more
Visit website
Indiana Supreme Court Reverses Trial Court Decision Ordering Redaction of Patient Submissions in Indiana Medical Malpractice Case
Barsumian Armiger Injury Lawyers Blog
by Barsumian Armiger
1M ago
The Indiana Supreme Court recently reaffirmed the limited scope of authority trial courts have during medical review panel proceedings in Indiana medical malpractice cases in Bojko v. Anonymous Physician. We previously wrote a blog about the Indiana Court of Appeals decision in the case. In Bojko, six patients filed medical malpractice claims against the estate of a deceased physician and his practice (the “physician”) alleging, among other things, the physician recommended, performed, and billed for unnecessary and unindicated sinus and nose surgeries. In their submissions to the medical revi ..read more
Visit website
Indiana’s Limited Premise Liability for Churches Does Not Extend to Injuries Occurring in Church Areas Not Primarily Used for Worship Services
Barsumian Armiger Injury Lawyers Blog
by Barsumian Armiger
3M ago
The Indiana Court of Appeals recently found against a church in an Evansville premise liability lawsuit arising out of an injury a volunteer sustained while working on a project on the church’s premises. In Calvary Temple Church of Evansville, Inc. v. Kirsch, Gerard Kirsch (Kirsch), a member and trustee of Calvary Temple Church of Evansville (Calvary), volunteered to lead a project to build a shed on the church’s property to house the church’s van. During the final stages of the project, Kirsch fell off a ladder and lacerated his arm requiring surgery, which resulted in a permanent injury. Kir ..read more
Visit website
Indiana Supreme Court Sets Forth New Test for Expert Affidavits in Indiana Medical Malpractice Cases
Barsumian Armiger Injury Lawyers Blog
by Barsumian Armiger
3M ago
We previously wrote a personal injury and medical malpractice blog about the decision of the Indiana Court of Appeals in Korakis v. Mem’l Hosp. of S. Bend in which the court affirmed summary judgment for three medical defendants based upon the insufficiency of the patient’s expert’s affidavit submitted to refute a negative medical review panel opinion. In the case, Penny Korakis (Korakis) suffered an occult radial fracture of her left elbow, which went undiagnosed and untreated and ultimately required corrective surgery. Korakis filed a lawsuit against an ER doctor, the hospital where she had ..read more
Visit website
Indiana Supreme Court Upholds Common-Law Liability for Dram Shops
Barsumian Armiger Injury Lawyers Blog
by Barsumian Armiger
5M ago
In a recent decision, the Indiana Supreme Court affirmed the trial court’s denial of a motion to dismiss a negligence claim against two restaurants that served alcohol to an intoxicated driver who later caused a fatal car crash. The case, WEOC, Inc. v. Niebauer, involved the interpretation and application of Indiana’s Dram Shop Act, which limits the civil liability of entities that furnish alcoholic beverages to someone who causes injury due to intoxication. The Court held that the Dram Shop Act did not eliminate the common-law liability of dram shops, but rather modified it by imposing t ..read more
Visit website
Indiana Supreme Court Swimming Pool Injury Opinion Examines Appropriate Foreseeability Test
Barsumian Armiger Injury Lawyers Blog
by Barsumian Armiger
6M ago
The Indiana Supreme Court recently issued a decision in a case involving a woman who was injured while swimming in a health and fitness center’s pool. The case, Pennington v. Memorial Hospital of South Bend, Inc., raised several issues of premises liability and negligence against the pool owner, operator, and designers. The plaintiff, Dr. Jennifer Pennington, was a member of the fitness center owned and operated by Memorial Hospital of South Bend, doing business as Beacon Health and Fitness. The fitness center had a rectangular, multi-purpose swimming pool that was designed by Panzic ..read more
Visit website
Indiana Court of Appeals Finds Res Ipsa Loquitur Precludes Summary Judgment for Indiana University in Premise Liability Case
Barsumian Armiger Injury Lawyers Blog
by Barsumian Armiger
7M ago
The Indiana Court of Appeals recently revived a personal injury claim involving the legal doctrine of res ipsa loquitur and its applicability in the premise liability context. In Isgrig v. Trustees of Indiana University, Kiera Isgrig (“Isgrig”) was injured while studying in a building at Indiana University Bloomington (IU) when a window, which she and her friends had not tampered with, fell out of the wall and landed on Isgrig’s head, leaving shattered glass over her and the table she was sitting at. An IU employee came and examined the window. The employee noted the window could be partially ..read more
Visit website
Immunity Under Indiana’s Worker’s Compensation Act Does Not Bar Claims Against Co-Employee Physicians Arising Out of Doctor-Patient Relationships
Barsumian Armiger Injury Lawyers Blog
by Barsumian Armiger
8M ago
The Indiana Court of Appeals recently considered whether a nurse who suffered a workplace injury can pursue a medical malpractice claim against a co-employee physician who treated the nurse for her injuries despite the exclusivity provision of Indiana’s Worker’s Compensation Act (WCA). In Gardner v. Anonymous Physician, Laurie Gardner (“Gardner”) contracted scabies from another patient while working for a hospital. Gardner filed a worker’s compensation claim against the hospital, which was subsequently resolved. Gardner also filed a medical malpractice claim against a co-employee physician, wh ..read more
Visit website
Indiana Court of Appeals Finds Indiana’s Firefighter’s Rule Does Not Bar Firefighter’s Personal Injury Claim
Barsumian Armiger Injury Lawyers Blog
by Barsumian Armiger
9M ago
The Indiana Court of Appeals recently reviewed Indiana’s “firefighter’s rule,” ultimately ruling in favor of a firefighter injured while responding to a building fire in Fort Wayne, Indiana. In Dolsen v. VeoRide, Inc., firefighter Richard Dolsen, Jr. (“Dolsen”) responded to a fire at a building owned by Sweet Real Estate – City Center, LLC (“Sweet”) and leased to VeoRide, Inc. (“VeoRide”). VeoRide, an electric scooter company, stored scooters, batteries, and battery equipment at the building. One of the batteries ignited, causing the fire. While no VeoRide employees were at the building when t ..read more
Visit website
Indiana Court of Appeals Affirms Trial Court Order Directing Patients to Redact Portions of Their Medical Review Panel Submissions
Barsumian Armiger Injury Lawyers Blog
by Barsumian Armiger
10M ago
The Indiana Court of Appeals recently affirmed a trial court’s order directing patients in related medical malpractice claims to redact portions of their submissions tendered to medical review panels formed to review the cases under the Indiana Medical Malpractice Act. In Bojko v. Anonymous Physician, 215 N.E.3d 376 (Ind. Ct. App. 2023), six patients filed medical malpractice claims against a physician and the physician’s practice (the “physician”). After medical review panels were formed in each of the cases, the patients tendered separate, but in parts similar, submissions to the panels. Amo ..read more
Visit website

Follow Barsumian Armiger Injury Lawyers Blog on FeedSpot

Continue with Google
Continue with Apple
OR