By: Tyler S. Lemen This month marked the halfway point of the 2020 legislative session and there are several health care related Bills to watch as the Legislature resumes work this week. These Bills were heard within the first half of the session and… Read More >
DSV News
Health Care Update: Midway Through The 2020 Legislative Session
DSV Super Lawyers and Rising Stars Announced for 2020
DSV is pleased to announce that the following members of the firm have been named Super Lawyers and Rising Stars by Super Lawyers Magazine. Michael F. Drewry (17 years named as a Super Lawyer) David A. Temple (11 years named as a Super Lawyer)… Read More >
The Indiana Medical Malpractice Act: Martinez v. Oaklawn Psychiatric Center, Inc. A New Case Expands Coverage of the Act
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 >
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 >