Fort Wayne Indiana Personal Injury Lawyer and Attorney Blog
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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.Indiana to pay family $25M in child death lawsuitBy Jack H. FarnbauchNovember 5, 2017The Indiana attorney general and Department of Child Services’ decision to settle a lawsuit brought by a wrongly prosecuted family yielded the largest payment of its type in state history. Appeal Rules that Chiropractors Not Qualified to Proffer Opinions on ‘Complex’ Causation QuestionsBy Jack H. FarnbauchNovember 5, 2017A medical malpractice case against a Franklin County chiropractor can proceed to trial after the Indiana Court of Appeals held Wednesday that chiropractors, including those on medical review panels, are not qualified to render opinions on the cause of injuries when a case involves a “complex” causation issue.Elder Abuse MythsBy Jack H. FarnbauchNovember 5, 2017Elder abuse can be a difficult subject to think about but it is something that can definitely benefit from increased awareness. Elder abuse is more common than you might think. It is crucial to learn to spot the warning signs and what you can do to help. Here are some things to know about elder abuse.