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What are the Most Popular Malpractice Cases in Indianapolis?

Oct 5, 2018 | Medical Malpractice


What are the Most Popular Malpractice Cases in Indianapolis?

Medical professionals take the Hippocratic Oath to ensure that when someone seeks treatment, they give them all the reasonable care they need. In some cases, however, this does not always work out. Unfortunately, many complications or fatalities arise every year due to the negligence and violations of care standards by those in the medical field. Every life matters, and if that is not taken seriously, you might have a malpractice claim on your hands. To give real examples of medical malpractice, here are some cases that have occurred in Indianapolis.

Malpractice Cases in IndianapolisDr. Weinberger: America’s Most Wanted

This malpractice case is held as a very extreme and unique instance that attracted a great deal of media coverage. This case was not only followed closely in Indiana but also throughout the country. Dr. Mark Weinberger, a nose and throat doctor, was first sued in 2002 for malpractice after one of his patient’s died of throat cancer. The patient’s attorney claimed that Weinberger never diagnosed the woman, but instead insisted on an unnecessary sinus surgery. With a little more digging, the deceased’s attorney contacted several others, and before he knew it, had at least 25 other malpractice cases against Weinberger. At the news of this, Weinberger’s employees noticed a secret room that they deemed “the scary room” was slowly being emptied. It was filled with survival gear, and soon after, Weinberger fled to Europe. The original civil case filed by the deceased woman’s family was won, and Weinberger was sentenced to five years in prison and two years of probation.

Smith v. IU Health

Vincent Smith died in 2006, but it took nearly 10 years before his family was awarded $2 million. Smith had gone in for a surgical procedure at Indiana University Health Methodist Hospital to remove hardware that had been placed in him from a prior orthopedic surgery. He was then given a hefty dosage of various opiate pain medications. Following the administration of these drugs, Smith passed away due to an opiate combined drug intoxication. The case was brought to a jury before finally reaching a decision. In Indiana, there is a cap of $1.25 million to be awarded in damages for these cases. Despite winning more in this case, the Smith family can only claim that capped price. However, following the verdict, they claimed that this was just fine with them.

Neurosurgeon Abruptly Leaves

Neurosurgeons are notorious for having a high amount of medical malpractice cases, presumably due to the sensitivity and intensity of their specialty. In 2011, a patient of Dr. John T. Cummings of Community Health Network became permanently disabled after surgery. Apparently, a piece of equipment went into her spinal canal, leaving her paralyzed. She was awarded $1 million in 2014. One month before the settlement, Cummings left Community Health Network suddenly. It eventually came to light that since 2013, 15 cases were filed against him with only two of those being dismissed. For instance, one woman filed a lawsuit because she went to Cummings due to extreme leg and back pain. Cummings recommended surgery; however, after the surgery her condition became incredibly worse causing the need for more subsequent procedures. It was during this time of multiple procedures for the woman, that Cummings left. Searching for answers, the woman became one of those other cases filed in 2013. Following his departure, his patients were left with many questions, but Cummings still lives in the Indianapolis area and does have his license. As of 2017, it was reported that despite having his license, Cummings was no longer practicing.

Medical malpractice is a serious instance of negligence. If you lost a loved one or suffered an unnecessary complication due to healthcare negligence, contact a medical malpractice attorney at Stewart & Stewart. Give us a call at 1-800-33-33-LAW or visit our website for more information.

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