A recent article from JusticeNewsFlash.com reports that $6 million dollar jury verdict was recovered in a medical malpractice case by a family out of the St. Louis, Missouri area. The doctors of the family's six month-old baby were found liable for the wrongful death of the baby after failing to diagnose and treat a bacterial infection in the baby.
Continue reading "$6 MILLION VERDICT IN MISSOURI MEDICAL MALPRACTICE CASE" »
Personal injury victims in Indiana are required to use reasonable care to mitigate any damages or injuries they sustained as a result of an accident. Generally under this duty, the injured party must follow their doctor's orders following the accident. If a party's injuries are worsened as a result of the party's failure to follow his/her doctor's instructions, then that party's recovery for his/her injuries can be reduced.
But how far can this defense reach?
Continue reading "HOW FAR DOES THE "FAILURE TO MITIGATE DAMAGES" DEFENSE REACH?" »
A common question by those who have been injured due to an unsafe roadway condition is whether they can bring a claim against a governmental entity for failure to maintain the roadway properly? In some cases an injury victim will be allowed to proceed with a claim against a governmental entity for failing to exercise reasonable care in keeping the roadway reasonably safe.
The Indiana Supreme Court held that a governmental entity has a common law duty to exercise reasonable care and diligence to keep its streets and sidewalks in a reasonably safe condition for travel. Catt vs. Board of Comm'rs of Knox County, 779 N.E.2d 1 (Ind. 2002).
Continue reading "Defective/Unsafe Roadway Conditions - Do I Have a Claim for My Injury?" »
Several states and some localities have already passed strict laws regulating drivers use of cellphones. Some states such as California and New York have enacted a statewide ban on all hand-held cellphone use while driving. Certain localities such as Chicago, for example, have done the same. Indiana law currently has no limits on drivers hand-held cellphone use.
Many more states have completely banned cellphone text messaging while a person is driving. While Indiana lawmakers have not enacted uniform statewide bans on text messaging while driving, they have place restrictions on drivers under the age of 18. Effective as of July 1, 2009, in Indiana drivers under the age of 18 may not use cellphones, text messaging devices, or other wireless telecommunications devices.
In Stanley v. Walker, the two parties were involved in a car accident and the plaintiff filed a negligence complaint. The defendant asked the trial court to admit evidence that the plaintiff’s healthcare providers discounted the medical bill. The plaintiff objected, arguing that any evidence of write offs would violate Indiana’s collateral source statute, Ind. Code § 34-44-1-2. The Court discussed how, in Indiana, the proper measure of medical expenses is the reasonable value of such expenses. The court stated that this value is not based exclusively on the actual amount paid to the health care provider, or on the amount originally billed. The court thus held that the collateral source statute does not bar evidence of medical bills discounted by insurance providers in order to determine the reasonable value of medical services in calculating the plaintiff’s damages. The court cautioned that this may only be done if the admission of the write offs can be done without violating the collateral source statute. Stanley v. Walker, 906 N.E.2d 852 (Ind. 2009).
After a patient’s death, her estate in Butler v. Indiana Dept. of Ins. sought excess damages from the Indiana Patient’s Compensation Fund. The Indiana Supreme Court held that, with respect to damages under Ind. Code § 34-23-1-2(c)(3)(A), the amount recoverable by the plaintiff in a wrongful death case for the “reasonable medical expenses” necessitated by the wrongful act is the portion of the billed charges ultimately accepted pursuant contractual adjustments, not the initial amount billed. The court reached its decision after analyzing the specific language contained in Ind. Code § 34-23-1-2, (the Adult Wrongful Death Statute). Butler v. Indiana Dept. of Ins., 904 N.E.2d 198 (Ind. 2009).
In Atterholt v. Herbst, a patient died as a result of an improper diagnosis. His estate brought a wrongful death action against his medical providers, which was later settled at a level sufficient to allow the estate access to the Patient’s Compensation Fund. During the estate’s proceeding against the Fund, the court held that although negligence and causation is established once an underlying settlement is reached with a qualified healthcare provider, the Fund may introduce evidence of the claimant’s preexisting risk of harm, survival odds, and their ability to work if the evidence is relevant to establish the amount of the claimant’s damages. Atterholt v. Herbst, 902 N.E.2d 220 (Ind. 2009).
