Fort Wayne Indiana Personal Injury Lawyer and Attorney Blog
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Institutional Betrayal Can Leave Patients Psychologically HarmedBy Jack H. FarnbauchJanuary 3, 2018The researchers defined institutional betrayal as a failure of an organization to respond effectively to unexpected or negative events and potentially causing emotional trouble for patients.Patient Refuses to Follow Doc's Orders, Suit Thrown OutBy Jack H. FarnbauchJanuary 3, 2018The patient refused an MRI and blood test to follow-up on ultrasound results.What is the Medical Malpractice Standard of Care?By Jack H. FarnbauchJanuary 3, 2018In 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.Indiana 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. Attorney Disbarred for Falsifying Medical RecordsBy Jack H. FarnbauchNovember 5, 2017Daniel McCarthy, a Delaware attorney representing a doctor in a medical malpractice case, has been disbarred from practicing law by the Supreme Court of Delaware. In an October 23, 2017 order, the Board on Professional Responsibility stated that they had found that McCarthy committed intentional misconduct that included the failure to disclose altered medical records and the failure to disclose his client's fraudulent conduct and to correct her false testimony.Doctor 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.Doctors Admit that Overtreatment is CommonplaceBy Jack H. FarnbauchNovember 5, 2017A new study published in PLOS, a nonprofit online research database, shows that from the physician perspective, overtreatment of patients is common. At the same time, the study revealed that most physicians in the United States believe that overtreatment is both harmful and wasteful.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: What to Do When Hit by an Uninsured or Underinsured MotoristBy Jack H. FarnbauchNovember 5, 2017Even though insurance is required by law for all drivers on the road, many accidents are caused by drivers carrying no insurance. However, if you opted into uninsured motorist coverage when you signed up for your insurance policy, you can recover from your own insurance company. Case Allows for Nurse Practitioner to Give Expert Opinion on InjuriesBy Jack H. FarnbauchNovember 5, 2017An Evansville nurse practitioner who has training and licensure beyond that of a nurse, may testify as an expert as to whether a patient’s injuries are consistent with injuries sustained in an automobile accident, but not as to whether the accident caused the injuries, the Indiana Court of Appeals has ruled.