Indiana Injury Lawyer Blog

Indiana's Comparative Fault Act does not apply to medical malpractice actions against qualified health care providers. I.C. § 34-51-2-1(b)(1). Consequently, the common law principles of negligence apply to medical malpractice claims, and contributory negligence on the part of the plaintiff, if found, will bar the plaintiff’s recovery against a qualified health care provider. King v. Clark, 709 N.E.2d 1043, 1046 (Ind. Ct. App. 1999), transfer denied. For example, a plaintiff’s failure to follow a physician’s instructions or failure to give accurate information to the physician may constitute contributory negligence in a medical malpractice claim. Smith v. Hull, 659 N.E.2d 185, 191-92 (Ind. Ct. App. 1995), transfer denied. However, plaintiff’s conduct must go beyond a tiny percentage of fault in order for contributory negligence to bar plaintiff’s recovery. Plaintiff’s contributory negligence must unite simultaneously with the fault of the defendant(s) in being the legal cause of plaintiff’s injuries. Id. at 192.

Congratulations to Parr Richey Obremskey Frandsen & Patterson law office partner Tony Patterson for having recently been named to the Indiana Basketball Hall of Fame Silver Anniversary Team. The Silver Anniversary Team annually recognizes the best Indiana high school basketball players who graduated 25 years ago and continue to make significant contributions to the game and to society.

Tony guided his L & M High School basketball team to a #1 ranking in Indiana his senior year. The team captured national attention that year, as it was one of the smallest schools (enrollment 132) to ever be ranked #1 under Indiana's old single-class system. Following his senior season, Tony was named to the Converse All-American team, selected to play on the Indiana All-Star team, and was a first team All-State pick in Indiana.

Continue reading "Tony Patterson Named to Indiana Basketball Hall of Fame Silver Anniversary Team" »

The New York Times recently wrote an article about an Oklahoma woman who has filed a lawsuit against a major cellphone company. The woman's mother was killed in a motor vehicle accident last year when a pickup truck crashed into the mother's car. At the time of the collision, the driver of the pickup truck was using his cellphone and later explained to the police he had become distracted by talking on the cellphone, which caused him to run a red light causing the collision.

Based on the article, it appears the cellphone company involved is Sprint Nextel. The daughter is arguing in her claim that Sprint Nextel should have foreseen the danger causing her mother's death and provided adequate warnings to prevent the harm. The article reports this to be one of only a handful of such cases ever filed.

Indiana courts have ruled on a similar case. In Williams v. Cingular Wireless, a driver was injured in a two-car motor vehicle accident. 809 N.E.2d 473 (Ind. Ct. App. 2004), transfer denied. At the time of the collision, the other driver involved was talking on her cellphone serviced by Cingular Wireless.

Continue reading "Oklahoma Woman Seeking Redress from Cellphone Company - Courts Look at Liability of Cellphone Companies When Users Cause Accidents While Talking on Cellphones " »

IU-Indy law Professor Eleanor Kinney recently appeared on ABC's Good Morning America to weigh-in on the recent national debate surrounding patient care and medical malpractice reform. She was joined by U of Penn Professor Tom Baker who authored the book The Medical Malpractice Myth.

Click here to see a video of the discussion.