By: Olivia N. Daily In Cutchin v. Beard, the Indiana Supreme Court accepted a certified question from the Seventh Circuit Court of Appeals and held that a Plaintiff who never received treatment from a qualified medical provider, but nonetheless suffered an injury from alleged… Read More >
Blogs
Clarification of the Medical Malpractice Act in Cutchin v. Beard
Vaccination Updates and the Path to Normalcy
By: Janet A. McSharar I wrote, actually mused, last year about the new normal in the early days of the pandemic, which included the cancellation of the 2020 Summer Olympic Games, among other headbutts to our normalcy. Schools were closed, heck everything was closed… Read More >
Will the Indiana Supreme Court Revisit the Economic Loss Rule for Construction and Design Claims?
By: William E. Kelley, Jr. Within the world of construction and design related claims, there is a legal doctrine referred to as the “economic loss rule”. The economic loss rule provides that, where alleged damages or losses are purely “economic” in nature, claimants must… Read More >
The Recent Extended Holding in Sword v. NKC Hospitals, Inc. Raises Liability Concerns for Non-Hospital Healthcare Facilities
By: Olivia N. Daily The Indiana Court of Appeals recently extended the holding in Sword v. NKC Hospitals, Inc., 714 N.E.2d 142 (Ind. 1999), to diagnostic imaging centers in the opinion authored for Arrendale v. American Imaging & MRI, LLC, a/k/a Marion Open M.R.I,… Read More >
Using Material Price Escalation Clauses to Offset Increasing Input Costs and Forecasting Post-Pandemic Price Drops
By: Tyler S. Lemen Since March of last year, construction input prices are up 12.4%. Certain materials, like softwood lumber, iron, and steel, are up 83.4% and 37.5 %, respectively, since this time last year. COVID-19 undoubtedly played a role in year-over-year price growth… Read More >
Off-Site Prefabricator is a Contractor for Purposes of the Mechanic’s Lien Law
By: Joseph M. Leone A new opinion addressing mechanic’s liens was recently filed by the Court of Appeals of Indiana. In Service Steel Warehouse Co., v. United States Steel Corp., 2021 WL 1748068 (May 3, 2021), the Court held that an entity prefabricating structural… Read More >
Indemnity Claims of Health Care Providers Against Independent Contractors Must be Filed Within Two Years
By: Melanie A. Kalmbach It is now more important than ever for health care facilities to ensure that they are taking all measures necessary under Sword v. NKC Hospitals, Inc., 714 N.E.2d 142 (Ind. 1999) to avoid vicarious liability claims for negligence of independent… Read More >