Fort Wayne Indiana Personal Injury Lawyer and Attorney Blog
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Indiana Man Dead from Waterborne Infection Not Owed Duty to ProtectBy Jack H. FarnbauchOctober 30, 2017In July 2012, Waylon Abel visited West Boggs Park and was exposed to an amoeba when he swam in a body of freshwater (West Boggs Lake) on the property. Exposure to the amoeba caused Abel to contract a waterborne brain infection. Abel died on August 7, 2012 as a result of the infection. New Program Gives Indiana Elders a Voice Against AbuseBy Jack FarnbauchOctober 30, 2017There is a new program from Indiana Legal Services which provides elders and endangered adults more resources if they fall victim to crimes such as elder abuse and exploitation.This program is known as Legal Assistance for Victimized Adults (LAVA). LAVA was established at the beginning of the year with a grant from the Indiana Criminal Justice Institute. According to Michael Patterson, the state director for Adult Protective Services. Since 2013, the number of exploitation cases has increased 10 to 15 percent each year.Indiana Lawyer Website Tries to Predict the Future of the Medical Malpractice Act in IndianaBy Jack H. FarnbauchOctober 30, 2017Indiana law has been unkind to medical malpractice victims since 1975 but many changes have been made in recent years.Efforts to Reduce the Incidence of "Misdiagnosis" By Jack H. FarnbauchOctober 30, 2017Computers are being cited as the main technology used to limit medical misdiagnosis.Estate of Deceased Man Succeeds on Uninsured Motorist ClaimBy Jack H. FarnbauchOctober 30, 2017While cutting the grass at his Goshen home in August 2010, Brian L. Harris was struck and killed by Noel M. Sparks, who was driving a 1974 Chevrolet truck he had borrowed from Brent and Jamie Stouder. At the time of the accident, Sparks was driving on a suspended license, so he was deemed to be an uninsured motorist.Florida Nursing Home Slow to Respond to Hurricane Irma which Leads to 8 DeathsBy Jack H. FarnbauchOctober 30, 2017The Rehabilitation Center at Hollywood Hills didn't lose power during the storm. But it did lose its air conditioning, leaving residents in sweltering heat. Three of the victims were found dead inside the center, and five others died after they were evacuated.Negligence Claim Against Wrestling Promotion Thrown OutBy Jack H. FarnbauchOctober 30, 2017The Plaintiff was attacked outside a wrestling event and alleges poor lighting, lack of security, and the presence of alcohol played a factor in her attack.How Autopsies Help Establish Liability in Medical Malpractice CasesBy Jack H. FarnbauchOctober 30, 2017It goes without saying that the death of a loved one causes incredible grief and stress. One of the decisions that may come up at a hospital (in connection with the death of a loved one) is whether to have an autopsy to establish cause of death.Medical Malpractice Cases Against HospitalistsBy Jack H. FarnbauchOctober 30, 2017If you are hospitalized for any length of time in a larger hospital, there's a very good chance that you will receive care from a "hospitalist." A “hospitalist” is a physician who works exclusively in a hospital setting and specializes in hospital-based medicine.Understanding Informed Consent and Medical MalpracticeBy Jack H. FarnbauchOctober 30, 2017Informed consent means that the patient was advised of the risks, benefits, and alternatives to the procedure and, knowing these, made the decision to undergo the procedure. The reason informed consent is so important is because it is the patient's decision (not the healthcare provider's) as far as what happens to them. Of course physicians give us their opinions and give us their recommendations because they are the experts; but ultimately it is patient that makes the decision about their healthcare. Also, physicians providing medical services can not delegate to staff members the task of obtaining consent from patients for major medical procedures or surgery. When a patient is not informed of the risks or alternatives to a treatment, surgery or drug, they may have a claim against the healthcare provider. The essence of one of these types of claims is that the healthcare provider deprived the patient from making their own decision and caused harm. If you have been a victim of medical malpractice and/or deprived of informed consent, be sure to contact a knowledgeable and skilled attorney who can provide you with informed legal representation.