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 >
Healthcare
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 >
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 >
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 >
Public Health Emergency Extended and COVID-19 Vaccination Sign Up Information
By: Janet A. McSharar Effective January 21, 2021, Health and Human Services Secretary Alex Azar extended the public health emergency brought on by the COVID-19 pandemic to April 21, 2021. Public Health Emergency declarations are issued in 90-day increments. On January 6, 2021, Governor… Read More >
Long Term Care Facilities Holiday Visitation Guidance
By: Janet A. McSharar The Indiana Department of Health just issued guidance to Indiana’s long-term care facilities on visitation with long-term care facility residents over the upcoming holiday season. This holiday visitation guidance applies to both nursing facilities and licensed residential care facilities and… Read More >
Recent Appellate Decisions Call Into Question Previously Settled Provisions of Indiana’s Medical Malpractice Act
By: Tyler Lemen In 1975, Indiana became the first state to pass medical malpractice claims reform legislation. Since that time, the Act has withstood many wholesale constitutional challenges by patients and their attorneys. Many other states followed Indiana’s… Read More >