Blog Topic

Indiana Medical Malpractice & Wrongful Death ? Rights to My Loved One?s Patient Medical Records
Posted by: Jason Reese
May 18, 2010

Following the untimely or suspicious death of a loved one, family members often wonder, "Do I have a right to collect my loved one's patient medical records?" This question usually arises when a family member shows up at a medical facility to collect medical records and encounters a problem. Maybe a staff member says they need to speak with their supervisor or they have to speak to the medical facility's legal counsel. But they refuse to give you a copy!

Here's the truth about Indiana law: You have a right to your loved one's medical records if you are the personal representative of their estate. If there is not a personal representative, then the person's spouse is the next in line with the right to receive the records. Finally, if the spouse is no longer living or there was not a spouse, the deceased person's child or parent or guardian then have the right to request the records. Indiana Statute 16-39-1-3 is the law you can show the health care provider.

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Medical Review Panel
Posted by: Jason Reese
March 10, 2010

After you or your attorney files a complaint with the Indiana Department of Insurance, the Commissioner notifies the provider of the complaint within 10 days. After 20 days have passed, the Medical Review Panel can then be formed.

The panel consists of 3 healthcare professionals and 1 attorney who serves as the facilitator. The attorney has no voting authority. The plaintiff and the defendant each pick one member of the panel. The two selected members then choose the third member. At least two of the panel members must be from the same field/area of specialty as the defendant. Both the healthcare professionals and the attorney are compensated for their time. The side in whose favor the majority opinion is written pays these fees.

The main job of the members of the Medical Review Panel is to render an opinion about the alleged malpractice. They answer two questions: Was there deviation from the standard of care? Did that deviation lead to the damages?

The results of the panel's opinion answer the question, "Is this case going to survive if taken to trial?" While the report is admissible as evidence, it is not legally binding. However, all experts from the panel could be called to provide expert testimony.

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Medical Malpractice Awards
Posted by: Jason Reese
October 07, 2009

Indiana is just one of 35 states that limit the amount of compensation a patient receives following a medical error. Patients in Indiana are only able to receive maximum damages of $1.25 million. Capping jury awards allows for a slow growth in the cost of medical malpractice insurance for doctors. These caps, however, do not seem to have a significant impact on doctor's fees, only reducing total health-care spending by less than .02%. The questions surrounding costs of medical malpractice lawsuits seem to be gaining increasing attention in the overall health-care debate. To date, President Obama has ruled out support of a national cap on malpractice awards.

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Hancock County Jail Death, Employee Fired
Posted by: Steve Wagner
February 27, 2009

At least one employee of Hancock County Jail has been fired as a result of a death of an inmate. An autopsy confirms that Brian Bales, 36, died of gastrointestinal bleeding on February 18, 2009. Bales was arrested on February 16, 2009 after an anonymous call from a motorist reporting erratic driving. While he passed the breathalyzer, he was booked on suspicion of driving under the influence of drugs. Once in custody, Bales was seen by Hancock County Jail nurse, Matt Landis. Based on Bales' vital signs, Landis should have contacted the on call doctor to examine Bales. Because the proper policies and procedures were not followed, Landis has been fired from Hancock County Jail. Sheriff Bud Gray, who fired Landis, also put Sgt. Bridget Foy on paid administrative leave. Foy was the shift supervisor who worked the night of Bales' death. Craig Burks, a jail shift commander, has since resigned. The department is conducting an internal investigation.

Too often detainees in county jails die from the negligence, and sometimes even callousness, of correctional officers. The family of the victims will often have the option of bringing both state and federal claims. Under Indiana state law, claims for medical malpractice and possibly negligent hiring could apply. If the jail officers were "deliberately indifferent" to the serious medical need of a detainee or inmate, a federal civil rights action under 42 U.S.C. Section 1983 can be brought. In addition to compensatory and possibly punitive damages, a 1983 action allows for the recovery of attorney fees as well. For more information on malpractice and civil rights claims, visit www.injuryattorneys.com.  

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Taxable Settlement Proceeds
Posted by: Jason Reese
January 07, 2009

Clients often wonder if damages recovered from a personal injury case settlement are taxable. While there are some exceptions, the general answer to this question is no - settlement proceeds are not taxable. As long as the proceeds are not specifically categorized, the settlement will not be taxed. For example, if a client is awarded a $100,000 settlement, the client will receive $100,000. However, once the money has been placed in an interest bearing account, the earned interest will be taxed just like any other account.

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Lab Mix-Up Leads to Double Mastectomy; Lawsuit Filed
Posted by: Jason Reese
December 24, 2008

Negligence occurs behind closed doors and inside laboratories. These human errors in processing tissue samples are usually the result of careless processing procedures. Here's a horrible example where mislabeling a pathology specimen resulted in a true nightmare for a female patient --- Darrie Eason, 35, had a double mastectomy due to a lab mix-up. A lab technician with CBL Path Medical lab in Rye Brook, New York allegedly mislabeled a pair of tissue samples resulting in Eason's misdiagnosis of invasive lobular carcinoma, a form of breast cancer. Eason has filed a lawsuit against CBL Path Medical lab for an unspecified amount of damages. Once the lawsuit was filed, state investigators determined that the lab technician was engaging in a practice known as "batching" - handling multiple tissue samples at one time as opposed to handling samples individually. CBL Path Medical lab chief executive, William Curtis, has verified that both the lab technician and the doctor involved in Eason's case are no longer with the company.

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Britax Child Restraint System Recall
Posted by: Steve Wagner
December 12, 2008

Britax is recalling certain Frontier child restraint systems. There are several models being recalled. They include the Frontier Red Rock, Frontier Rushmore, Frontier Pink Sky, Frontier Canyon, and Frontier Sahara. These child restraint systems were manufactured April 1 - September 18, 2008.

The recall stems from the fact that the harness straps could become detached from the back of the child seat if they are loosened using one strap at a time. As a result, your child may not be properly restrained. This could result in an increased risk of injury in the unfortunate event of a motor vehicle accident.

Britax has already offered to provide consumers with a remedy kit free of charge. The recall is expected to begin on January 7, 2009. Visit http://www.britaxusa.com no later than December 17, 2009 for information and instructions related to this recall.

Anyone injured as a result of this product or another defective product should consider retaining the services of an experienced product liability lawyer. Visit http://www.injuryattorneys.com for more information.

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Graco Car Seat Recall
Posted by: Jason Reese
December 11, 2008

Graco is recalling 43,994 Comfortsport(TM) convertible car seats, in the Frazier(TM) Fashion, manufactured from November 1, 2006 through October 8, 2007. The seats came with a large body pillow that covers the child airbag warning label that is on the seat pad. Because the label is hidden, this seat fails to comply with the requirements of the Federal Motor Vehicle Safety Standard No. 213 - Child Restraint Systems. Consequently, the seat could be improperly placed in the vehicle, resulting in serious injury to a child. Graco will notify owners and instruct them to throw away the supplemental pillows. The pillows are provided for comfort only. The pillow is not there to protect your child in the event of a crash. The recall is expected to begin during December 2008. Owners may contact Graco at 1-800-345-4109 or by e-mail at consumerservices@gracobaby.com.

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Vanessa
Posted by: Jason Reese
November 24, 2008

It was an unfortunate situation that could have been avoided. Like many other parents, Melissa Porter dropped her 2 year old daughter Vanessa off at St. Mary's Playhouse in Greensburg, IN on the morning of August 25, 2008. A short time later, Melissa received the phone call that no other parent would want to receive. Vanessa had been injured and needed to be picked up from daycare. Melissa was not only unaware of the severity of Vanessa's injuries, but no one from St. Mary's Playhouse had called 911 for emergency medical assistance. Had the 70lb. television that fell on Vanessa's face actually penetrated her skull, the 911 call would have meant the difference between life and death.

While St. Mary's Playhouse is registered with the state of Indiana, it is not a licensed daycare. How can a facility operate under these circumstances? St. Mary's is operated by the Archdiocese of Indianapolis. For this reason, it is considered a "ministry daycare" and operated under different guidelines than a "for profit" daycare.

These requirements can be changed with your help. Please contact your local state representative to change current legislation and ask them to protect our children.

"Vanessa's Story" airs on WTHR Channel 13 on November 25^th at 11pm. If you know of any other story similar to Vanessa's story, please contact our website.

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Potential Third Party or Personal Injury Claims after a Worker's Compensation Injury
Posted by: Steve Wagner
October 01, 2008

A garbage truck crewman was killed and the truck's driver was injured Wednesday morning, September 17, 2008 on Ind. 252 in Edinburgh. Crash kills man on garbage run. According to the state police, the driver of a garbage truck owned by Rumpke and his assistant were emptying trash into the back when a car smashed into the truck. The accident happened at 8 a.m. just west of the Shelby County line.

Accidents like this happen all too often. Construction workers, flag men, tow truck operators and police face similar hazards. Although Indiana worker's compensation benefits http://www.injuryattorneys.com/ will assist the surviving family members, these benefits are limited and are never enough. In some cases, a potential claim can be made against the at-fault party's insurer or even the employer's automobile liability insurer. These are difficult claims which require the assistance of a competent personal injury attorney.

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Soccer goals recalled after child is strangled
Posted by: Jason Reese
September 24, 2008

The Consumer Product Safety Commission has recalled nearly 200,000 folding soccer goals following the death of a 20-month-old Texas boy. The CPSC warned parents that large gaps in the goals' netting put children at risk for entrapment and strangulations. The recalled MacGregor and Mitre goals were sold between 2002 and 2008 at retailers nationwide.

AP, Chicago Tribune 09/17/2008

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Extending the Thong, err, Wrong Message
Posted by: Steve Wagner
June 19, 2008

By now you've probably heard of the lawsuit filed recently in Los Angeles Superior Court concerning an injury allegedly caused by underwear. The plaintiff and her clueless attorney allege that a clasp sewed to a Victoria's Secret thong broke loose, injuring the the plaintiff's eye. (Full story and documents can be found here: http://www.thesmokinggun.com/archive/years/2008/0617081secrets1.html?link=eaf). 

When I woke up this morning and saw this story, I groaned out loud.  It is frivolous cases like this which make it harder for those with legitimate cases to obtain justice before a jury.  Of course, the media seized upon this case, and Matt Lauer was more than happy to grill the client and her attorney about this ridiculous case.  Like the McDonald's "coffee case" years ago, this case gives the public the impression that millions of dollars are awarded for meritless product liability cases.  In reality, product liability cases are extremely difficult to win, especially in Indiana.  Lawyers need to spend thousands of dollars to hire expert witnesses to win a good products case, and the legal standard is tough to meet.  Unless there are catastrophic damages (i.e., death or serious injury) and an obvioulsy defective and dangerous product, no attorney I know takes product liability cases in Indiana.  The defendants (product manufacturers) and their attorneys know this, and thus there are no "quick settlements" in product liabilty cases.  I hate it when the truth gets in the way of a good myth!

Perhaps the real reason the "thong lawsuit" was filed was the inexperience of the plaintiff's attorney.  The attorney for the plaintiff, Jason Buccat, was admitted to practice in California only four weeks ago.  Great start to your legal career, you knucklehead.  Your negative publicity just made it that much harder for people with legitimate product liability claims to obtain justice.

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IMPD Officer Shelnutt at it Again?
Posted by: Steve Wagner
May 03, 2008

Yesterday two people were killed in Indianapolis when a van being followed by an IMPD officer ran a red light, struck an SUV, and then slammed into an Indygo bus.  Initial reports from the police stressed that the van was not being pursued by police.  Our sources tell us that was not what happened, and, in fact, the IMPD officer was chasing the van at high speeds in the middle of the day in downtown Indianapolis.  The officer involved was none other than Ronald Shelnutt, an officer whose name should be well known to Indianapolis citizens.

While it is too early to know for sure what happened yesterday, Shelnutt's involvement certainly raises concerns.  He was the same officer who shot and killed stockbroker John Leaf on May 5, 2001 in John Leaf's own bedroom.  I personally handled that case for the Leaf family, and it was vigorously litigated for over 4 years.  In January of 2006 the taxpayers of Marion County paid what was believed to be the largest voluntary settlement by the city or county in an civil rights claim with payments totalling $1,175,000.  During the course of that case we discovered a litany of citizen complaints against Shelnutt, both before and after the Leaf shooting.  In fact, in 2005 Shelnutt was involved in another high speed chase on Michigan Road which ended in two deaths.  A wrongful death lawsuit arising out of that incident remains pending in federal court.  Moreover, Shelnutt was sued for excessive force in two other cases where he allegedly turned his police dog loose on subjects after they surrendered.  Those cases were settled for confidential amounts.

The Marion County Sheriff Department should have fired Ronald Shelnutt a long time ago.  They didn't have the guts to do it, and neither has the IMPD since the merger.  I understand that Shelnutt was reassigned to spotter duty in a police helicopter at one time (where he presumably could do little harm), but unfortunately for the citizens of Indianapolis, he was allowed to return to road patrol.  More civil rights lawsuits are certainly likely to follow.  Let's hope this most recent tragedy was nothing more than a coincidence.  Stay tuned.

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Metal Baseball Bats Banned Due to Injuries
Posted by: Jason Reese
March 19, 2008

Recently, numerous states have banned the use of aluminum or metal baseball bats due to injuries. If you are any of your loved ones have been injured by an aluminum or metal baseball bat, call or email the attorneys at Wagner Reese & Crossen for additional information. Below please find several articles regarding the safety of metal and aluminum bats.

Study Looks at Metal Baseball Bat Safety

http://www.physorg.com/news111998954.html

Banning Metal Baseball Bats to Prevent Injuries in Youths and High Schoolers

http://blog.totalinjury.com/archives/cat-personal-injury-legislation-watch.html

Will Chicago Be First in Banning Dangerous Metal Baseball Bats in Little League Baseball

http://www.chicagoinjuryblog.com/2007/07/will_chicago_be_first_in_banni.html

New York City Bans Aluminum Bats

http://www.homelandstupidity.us/2007/03/15/new-york-city-bans-aluminum-baseball-bats/

Aluminum Baseball Bats Replaced by Manufacturers and Distributors

http://injury.findlaw.com/injury/recall.feeds/cpsc/1976/04/76024.html

Aluminum Softball and Baseball Bat Warning

http://injury.findlaw.com/injury/recall.feeds/cpsc/1975/07/75053.html

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Personal Injury
Posted by: Jason Reese
January 10, 2008

Landowners Liable for Inadequate Security

Many states differ on when a landowner may be held liable for negligent or inadequate security. Crime victims may be subjected to rape, sexual assault, murdern, or shooting. Propert owners have a legal duty to provide a reasonable safe premises for customers and the public. Indiana law requires landowners to take steps to prevent reasonably foreseeable acts of third-parties when they know or should know that cirminal activity has occurred on the premises.

Security Trade Practices--Do Not Establish Legal Standard of Care

Allen v. Ramada Inn, Inc., 778 P.2d 291 (Colo. 1989)

Allen was a guest at a motel where she occupied a garden-level room. An intruder apparently entered her room through a window from which security bars had been removed and raped the plaintiff. The motel was allegedly in a high crime area and no window stops were placed on the windows.

During trial, the defense introduced testimony concerning the security measures and features of other hotels within the city. Plaintiff did not contest the introduction of this information but asked that a jury instruction be included stating that local security trade practices do not establish the legal standard of care. The trial judge declined to include the instruction and was subsequently reversed on appeal.

Liability Significance: The notion that if the adjacent property has a particular type of protection, so therefore I must have identical protection, is incorrect. The legal standard of care is the totality of the security measures and not any one specific measure.

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Personal Injury
Posted by: Jason Reese
January 09, 2008

Escalator Injury in China Leads to $3.5M Verdict in Massachusetts

A jury awarded $3.5 million to the family of a 4-year-old boy injured on an escalator in China. While riding the escalator, the boy's hand was trapped and nearly amputated. The verdict was based on the fact that the U.S. based company Otis Elevator Co. was involved in the production of the escalators. It was found that Otis Elevator Co. chose to go with a cheaper skirt panel on the escalators instead of a safer, more expensive skirt panel.

Full Story - http://www.masslaw.com/010408.cfm

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