Posts for Medical Malpractice
Medical Protective President and CEO, Timothy Kenesey acknowledges that the perceived threat of law suits or litigation on health care costs is relatively small. Why is this important? It is important because as the CEO of one of, if not the, biggest medical malpractice insures in the world, Mr. Kenesey would know. It is important because it confirms what Trial Lawyers have said for years, lawsuits, which are filed to hold doctors responsible for their mistakes, are not the cause of rising health care costs. So, the next time you hear a politician use the threat of Litigation to justify... View Article
There are many , many wonderful, competent and caring doctors in Indiana, and we are lucky to have them to care for us. However, we all know that there are some doctors who may not be up to the task.
In my continuing effort to educate the general public about the truth regarding the Civil Justice System, I want to discuss a part of the medical malpractice law in Indiana.
Let’s wrap up our current discussion of medical malpractice lawsuits in Indiana. In addition to the factors that we’ve already discussed, the stress suffered by loved ones can also be an element of "non-economic" damages in a personal injury case. Indiana allows claims for negligent infliction of emotional distress for people that either witness a serious accident or come on the scene immediately afterwards and are a close family member. These are persons expected to have significant emotional problems as a result of the occurrence. Assuming this applies to the facts of a particular medical malpractice action, there are specific... View Article
As discussed in prior blog entries, even doctors who have developed a great deal of expertise and who might be using advanced technologies unintentionally make mistakes. That’s where a lawsuit for medical practice comes in. Case in point: A patient went in for surgery due to pain in the legs. The surgery was to reroute the blood supply to the legs. During surgery, the surgeon failed to keep the patient’s blood thinned appropriately and clots formed which cut off blood supply to the patient’s organs. This led to overwhelming sepsis and organ failure as well as amputation of the patient’s... View Article
When we last left off, I was describing a situation in which a client presented with nosebleeds and flu-like symptoms and was misdiagnosed with the flu by a nurse practitioner. It turned out that the client had promyelocytic leukemia and later suffered serious brain injuries. Going forward, we can derive some lessons from this incident, including: Most Hoosiers are unaware that immediate care centers are staffed with nurse practitioners as opposed to physicians. The law allows nurse practitioners to examine, diagnose, treat and prescribe medications to patients as any family physician would do. The supervision for these nurse practitioners is... View Article
You are in an accident. It does not matter how the accident happened. It could be that you were in a car wreck with a drunk driver. It could be you fell in a construction accident. You might have had a highway accident with a semi tractor trailer. You might have been in a road accident while riding your motorcycle. It does not matter if it was a traffic accident or a slip and fall, or you were electrocuted with burns, you are injured. Your injury might include a brain injury, or a back injury with spinal cord injury, which... View Article
In Indiana, most doctors try their best and do fine work. However, the Medical Malpractice Act, passed in 1976 to help doctors, had an unintended effect. Doctors who made mistakes in other states came here because of the protections of the medical malpractice act. So what do you do if you think your doctor made a mistake. The answer has several parts. It would be nice if you could go to your doctor and have a frank discussion about what happened. Some doctors, the good ones, will have this discussion with you. They will tell you what happened and what... View Article