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Indiana Supreme Court Sets Precedent with Medical Malpractice Decision

Nov 21, 2012 | Medical Malpractice

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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.

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