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Articles Posted in Medical Malpractice

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First Amendment Protects Pharmaceutical Sales Rep’s Off-Label Promotion of Drug, Court Says

A pharmaceutical sales representative’s conviction for conspiracy to introduce a misbranded drug into interstate commerce violated his rights to free speech under the First Amendment, according to the Second Circuit’s ruling in United States v. Caronia, No. 09-5006-cr, slip op. (2nd Cir., Dec. 3, 2012). The court held that the…

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More Than Forty People in Indiana Sickened in Fungal Meningitis Outbreak; State Seeks to Revoke License of Pharmacy Where Outbreak Allegedly Originated

Indiana has been one of the hardest-hit states in a nationwide fungal meningitis outbreak that has caused more than three hundred illnesses and over twenty deaths in eighteen states. Health officials believe an injectable medication from a Massachusetts pharmacy is the source of the infection. The pharmacy has recalled the…

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Verdict for Doctor in Medical Malpractice Lawsuit Affirmed by Indiana Court of Appeals: Ruble v. Thompson

After a jury returned a verdict in favor of the doctor in a medical malpractice case, an estate executor appealed on two questions of abuse of discretion: limitations on the scope of questions during the defendant’s deposition, and refusal of jury instructions tendered by the plaintiff. The Indiana Court of…

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Indiana Father Plans to Sue Department of Child Services for Wrongful Death

A Shelbyville man has submitted a tort claim to the Indiana Attorney General, indicating his intention to file a wrongful death lawsuit against the state’s Department of Child Services (DCS) over the death of his one year-old son. He alleges that DCS ignored warnings that the child’s mother and her…

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Indiana Department of Health Says 2010 Had Highest Number of Reported Medical Errors in Five Years of Collecting Data

The Indiana State Department of Health (ISDH) has collected medical error reports from hospitals, outpatient clinics, and other medical facilities since 2006. In that time, it has compiled data on medical errors and injuries and tracked trends. Reports from 2006 to 2010, the most recent year for which comprehensive data…

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ATTORNEY PAUL KRUSE RESPONDS TO EDITORIAL ON TORT REFORM FOR MEDICAL MALPRACTICE LAWSUITS

Below Parr Richey Frandsen Patterson Kruse Attorney Paul Kruse responds to an editorial published earlier this fall in the Lebanon Reporter. Mr. Kruse counters several myths relating to tort reform for medical malpractice lawsuits, citing studies supporting his argument that medical malpractice costs represent a small percentage of overall healthcare…

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Infections after surgery, are they medical malpractice?

As an Indiana medical malpractice lawyer, I am regularly contacted by people who have developed infections following medical procedures. These infections can be from many types of bugs such as staph or strep. No matter what the particular infection is, these post surgical infections can have serious consequences and can…

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