Call Today for a Free Consultation

Indiana Supreme Court Sets Precedent with Medical Malpractice Decision

Nov 21, 2012 | Medical Malpractice

Share

A recent ruling from the Indiana Supreme Court found that representatives for the Indiana Patient’s Compensation Fund (IPCF) do not have a right to argue the cause or existence of an injury in a case where liability has already been established.

The decision stems from the case of a 4-year-old boy from Indianapolis who suffers from cerebral palsy following a botched delivery. The Claims Journal reported that doctors were negligent in failing to properly monitor the child’s condition as the labor process began. They also failed to recognize signs that the child was in distress, which prevented him from receiving the care he needed for more than two hours.

The Indianapolis Medical Malpractice lawsuit that followed the incident resulted in a settlement holding doctors responsible for his condition. The IPCF appealed the decision on the grounds that they have a right to argue the cause of injury. The court acknowledged this as true, but only in cases where fault had not yet been established. In this case, doctors had already admitted fault when agreeing to the settlement.

The Indianapolis Personal Injury Lawyers with Stewart & Stewart Attorneys understand how confusing and complex filing a medical malpractice claim can be. That is why the firm is here to answer any questions you may have regarding your legal rights if you have been harmed while under the care of a physician.

Latest Resources

Trust the Experts

Video

Strange Laws: Pi

https://www.youtube.com/watch?v=a99MdmeEDHA The Indiana Pi Bill is the popular name for a bill written in 1897, an oddly notorious attempt to establish mathematical truth by legislative fiat. Did you know that the legal value of Pi is three? It's $3. So you're not...

Video

Strange Laws: Flogging

https://www.youtube.com/watch?v=iGXojYcX6_4 Indiana law states that forging a check is punishable by 100 flogs. Hm. Flogs. Not frogs. 100 lashes, so to speak. That's pretty archaic. It's forging a check. You could write bad checks. But if you forge a check because...

Strange Laws: Pi

https://www.youtube.com/watch?v=a99MdmeEDHA The Indiana Pi Bill is the popular name for a bill...

Can I Sue for a Construction Injury if I’ve Received Workers’ Comp?

If you were injured on the job and received workers compensation benefits, you might be wondering...

Strange Laws: Flogging

https://www.youtube.com/watch?v=iGXojYcX6_4 Indiana law states that forging a check is punishable...

Free Initial Consultation

Get Stewart Today

If you have been involved in an Indiana personal injury accident, contact us at Stewart & Stewart Attorneys. Our Indiana personal injury lawyers represent victims throughout the state, including Carmel and Anderson. We have also successfully advocated for clients throughout the area, including Fort Wayne, Gary, Indianapolis, South Bend. Complete a free online consultation form or call us at (800) 33-33-LAW!

Stewart & Stewart Attorneys have the knowledge and experience to defend your rights in the following areas of Indiana injury law: auto accident, brain injury, drug injury, defective product, fire and burn injury, insurance dispute, medical malpractice, motorcycle accident, nursing home abuse, slip and fall,  truck accident, workers’ compensation and wrongful death.