Fort Wayne Indiana Personal Injury Lawyer and Attorney Blog
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Appeals Court Upholds $9 Million Dollar Judgment for Man Injured by Drunk DriverBy Jack H. FarnbauchFebruary 28, 2018William Goodwin crashed his motorcycle into Michael Krohn’s truck when Krohn pulled out of a parking lot and suddenly stopped in Goodwin’s lane that he was travelling in. Goodwin, severely injured and bleeding internally, was airlifted from the accident scene. Goodwin was hospitalized and went through 13 surgeries, including the removal of half of his colon and reconstruction of his abdominal wall. It was later determined that Krohn was intoxicated during the accident.Pill-mill Doctor Seeks Medical License ReinstatementBy Jack H. FarnbauchFebruary 28, 2018A former Logansport doctor, who had been fined $500 by the state for not disclosing he was involved with a malpractice settlement involving the death of a patient, had his fine upheld in late January by the Indiana Medical Licensing Board. Dr. Robert Brewer is trying to have his state medical license renewed although it would be deemed inactive until a suspension is resolved in 2019.Ohio Medical Board Investigating Former Cleveland Clinic Surgeon over Rape AllegationsBy Jack H. FarnbauchFebruary 28, 2018The Ohio Board of Medicine is investigating two alleged rapes by former Cleveland Clinic colorectal surgeon, Dr. Ryan Williams by subpoenaing Cleveland Clinic medical records for other procedures done by the surgeon in the same time period. The alleged rapes were brought to light by a January 5, 2018 USA Today article which stated that the Cleveland Clinic knew of at least two cases in which Dr. Williams was accused of raping patients but kept him on the staff while reaching a confidential settlement.How Lawsuit Funds are DispersedBy Jack H. FarnbauchFebruary 28, 2018Once a settlement or judgment is reached in the personal injury case, the attorney and recipient must evaluate whether to have the funds distributed outright to a plaintiff or to use a structured settlement or a supplemental needs trust, or a combination of both. The client, as well as the attorney, must consider some very serious factors. Opioids are Top Type of Medication Accounting for the Most Medical Malpractice ClaimsBy Jack H. FarnbauchFebruary 28, 2018Opioid painkillers account for more medical-malpractice claims related to drug errors than any other drug class, according to a new study recently released by the medical liability insurer Coverys. This study also illustrates the far-reaching effects of the opioid abuse epidemic.Nursing Home Care Suffers as Profits Rise for Corporate OwnersBy Jack H. FarnbauchFebruary 28, 2018According to a malpractice lawsuit brought against Allenbrooke Nursing and Rehabilitation Center, a scarcity of resources including a $2 million deficit on its books in 2009 and a shortage of nurses and aides is at least partially to blame. “Sometimes we’d be short of diapers, sheets, linens,” one nurse testified.Medical Provider Jukes Statute of Limitations and Gets Suit Thrown OutBy Jack H. FarnbauchFebruary 28, 2018The estate of Margo Sue Rumell sued an ambulance service and EMTs individually after she was treated for a medical episode she experienced while boating on Simonton Lake in Elkhart on July 19, 2013. EMTs from Osolo Emergency Medical Services Inc. sought to resuscitate her, including putting in a endotracheal breathing tube. A coroner’s verdict concluded the cause of Rumell’s death was an abnormal enlargement of the heart “complicated by moderate coronary artery disease; and by the placement of the esophageal endotracheal tube.” The final coroner’s report did not mention where the endotracheal tube was placed.Court Rules that Doctor has Duty to Provide Medical RecordsBy Jack H. FarnbauchFebruary 28, 2018After Mary Shirey was injured by another motorist in a car accident, she sought treatment from Dr. Rex Flenar. A few weeks later, Shirey’s lawyer asked Dr. Flenar for her medical records. Dr. Flenar failed to respond for several years before eventually indicating that the records were destroyed by his medical-records software provider. Shirey sued Dr. Flenar in Allen County Superior Court, claiming that she has a private right of action under Indiana Code section 16-39-1-1, which requires a healthcare provider to supply a patient’s medical records upon request by the patient. Shirey also asserted that, because Dr. Flenar lost or destroyed the records, she has a claim for third-party spoliation of evidence, because without the records she was unable to fully prove her personal-injury claim stemming from the accident.Study Reveals 7 Emergency Operations Account for 80 Percent of Hospital Costs and DeathsBy Jack H. FarnbauchFebruary 28, 2018According to new report by the Washington Post, seven types of emergency procedures reportedly account for “80 percent of all admissions, deaths, complications and inpatient costs related to emergency surgeries.”Free and Helpful Resources to Reduce Medication ErrorsBy Jack H. FarnbauchFebruary 28, 2018It is important for patients to have accurate and reputable drug information resources at their disposal. Drug companies try to educate patients through several direct means such as television, print ads, drug packaging, and online. However, because these resources are produced by the drug companies themselves, there may be biases attached to the information. Medication errors may follow if a patient does not know potential side effects and drug interactions. Unbiased medical information is important for consumers to make informed decisions regarding their health care and medications.