Medical Malpractice

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Medical malpractice and negligence have been separately defined.Court of Appeals Rules that there is Difference between Medical Malpractice and Medical Negligence By Jack H. FarnbauchMarch 23, 2019The court determined the distinction between medical malpractice and medical negligence.The expert called upon in this case was determined to be irrelevantMalpractice Suit Denied because Expert Fails to Provide What the Standard of Care Is By Jack H. FarnbauchMarch 23, 2019The court turned to precedent that a specialist in one area of practice is not expertly familiar with another.Reasonable diligence necessary to avoid medical malpractice time limitations‘Reasonable Diligence’ Necesssary to Avoid Medical Malpractice Suit Missing the Statute of LimitationsBy Jack H. FarnbauchMarch 23, 2019The Court sided with the court of appeals and upheld the statute of limitations in the medical malpractice case.Class-Action Complaint against Indiana VA SystemVeterans File Class-Action Complaint Against VA SystemJanuary 16, 201913 veterans have filed a medical malpractice class-action complaint against VA Northern Indiana Health Care System.Nursing homes are overprescribing antipsychotic drugs.Report States that Nursing Homes Vastly Overprescribing Antipsychotic Drugs By Jack H. FarnbauchJuly 5, 2018179,000 residents were issued antipsychotics despite not being diagnosed with mental illness.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.What is the Medical Malpractice Standard of Care?What is the Medical Malpractice Standard of Care?By Jack H. FarnbauchJanuary 3, 2018​In order to prevail in a medical malpractice action, the plaintiff must show, by a preponderance of evidence, that the defendant owed a duty of care to the plaintiff, the defendant was negligent in providing that care, the plaintiff was injured, and the legal cause of the injuries was the negligent care. All four of these elements must be shown for the plaintiff to win.Sweeney Law FirmIndiana Appeals Court Permits Woman to Pursue Med Mal Action By Jack H. FarnbauchJanuary 3, 2018Diane Zelman, a patient with severe back pain will be able to pursue a medical malpractice claim against her orthopedic surgeon according to the Indiana Court of Appeals. The Court ruled on December 17, 2017 that the two-year statute of limitations for Ms. Zelman did not start until the patient discovered the malpractice. Doctor Warns Colleagues to Comprehensively Assess Suicide Risk to Avoid MalpracticeDoctor Warns Colleagues to Comprehensively Assess Suicide Risk to Avoid MalpracticeBy Jack H. FarnbauchNovember 5, 2017During a presentation, Phillip J. Resnick, MD, of Case Western Reserve University, outlined how to comprehensively assess patients for suicide risk based on his experience with malpractice lawsuits involving patient suicide.Hospital bed with patient Six Factors to Consider Before Filing a Medical Malpractice SuitBy Jack H. FarnbauchNovember 5, 2017Virtually all medical malpractice claims in the State of Indiana must be presented to a Medical Review Panel (usually consisting of three physicians) before the case can be filed in a court of law. Having to present a medical malpractice claim to a Medical Review Panel adds additional delay and expense to the process of obtaining justice in a medical malpractice case. Here are some of the factors you may want consider before making the decision to sue a medical provider: