By: Sean T. Devenney In Martinez v. Oaklawn Psychiatric Center, Inc., 128 N.E.3d 549 (Ind. Ct. App. 2019) the Indiana Court of Appeals issued an opinion on July 12, 2019 expanding the reach of the Indiana Medical Malpractice Act (“Act”) for cases which heretofore… Read More >
Category: DSV News
The Indiana Medical Malpractice Act: Martinez v. Oaklawn Psychiatric Center, Inc. A New Case Expands Coverage of the Act
Capacity and Consent in Health Care
By: Janet A. McSharar When delivering medical or nursing care and treatment, it is imperative for the practitioner to determine the patient’s capacity to consent to the recommended health care and treatment. A patient cannot consent to health care and treatment if the patient… Read More >
Seventh Circuit Affirms Importance of Seeking Protection Under Medical Malpractice Act
By: Tyler S. Lemen In 2014, a radiologist interpreting a patient’s CT scan allegedly failed to diagnose recurrent rectal cancer discernable from the scan. The cancer went undetected for seventeen months and was untreatable upon discovery. Following a jury trial, the patient was awarded… Read More >
FMLA Leave: DOL Opinion Letter on Designation and Use of FMLA Leave
By: Melanie M. Dunajeski The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) released its Opinion Letter FMLA2019-1A on March 14, 2019 advising employers (1) that they cannot delay designating qualifying leave as Family Medical Leave Act (FMLA) leave; and… Read More >
Duty to Protect Customers Requires Reasonable Foreseeability of Harm
By: Amy L. Elson On February 28, 2019, the Indiana Court of Appeals issued an opinion confirming that a retail store’s duty to protect its customers is limited to protecting customers from harms that are reasonably foreseeable. The Indiana Court of Appeals found that… Read More >
Roy Rodabaugh Joins DSV
DSV Welcomes New Construction Attorney We are proud to welcome Roy Rodabaugh to Drewry Simmons Vornehm. Roy focuses his practice in construction law and real estate litigation. He represents many of the Midwest’s largest commercial and residential developers, owner’s representatives, construction managers, contractors, design-builders, subcontractors,… Read More >
What Happened in Labor & Employment Law in 2018? Plenty!
By: Melanie M. Dunajeski From #MeToo to Supreme Court limitations on union dues, 2018 was a year filled with issues, intrigue, and surprises. #1. Sexual Harassment—Be a Responsible Employer in the #MeToo Era. Sexual Harassment can safely be labeled as one of the… Read More >