The Court of Appeals recently held that a medical malpractice complaint is not considered filed upon mailing when a third-party commercial carrier is used to deliver the complaint to the Indiana Department of Insurance.

The Plaintiff in Moryl v. Ransone et al. was the surviving spouse of a patient that passed away while undergoing treatment at La Porte Hospital.  The patient passed away on April 20, 2007. On Sunday, April 19, 2009, the Plaintiff mailed her medical malpractice complaint to the Indiana Department of Insurance through the commercial carrier, FedEx. The complaint was not delivered to the Department until April 21 – the day after the two-year statute of limitations had run on the Plaintiff’s claim. (more…)

On April 30, 2012, the Wisconsin Court of Appeals decided Brooten v. Hickok Rehabilitation Services, LLC, No. 2012AP1940, unpublished slip opinion, further limiting the enforceability of standard liability waivers used by local businesses.  The decision made clear that “negligence” or “negligent” are not “magic words rendering an exculpatory clause valid.” (more…)

If you or your business accepted payment via Visa or MasterCard between January 1, 2004 and November 28, 2012, you may be eligible for a cash award as a result of a pending class action lawsuit. Additionally, you may be approached by consultants who will offer to register you for participation in exchange for a percentage of your award.

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A recent Court of Appeals of Indiana decision limits future defendants from using Indiana’s Medical Malpractice Act’s statute of limitations to dismiss plaintiffs’ claims. If a plaintiff sends her complaint to the Indiana Department of Insurance within the two-year statute of limitations, but fails to provide the fee until after the two-year window has passed, her claim may still proceed.

In Miller v. Dobbs, the plaintiff mailed her complaint to the Indiana Department of Insurance within the two-year statute of limitations period. However, counsel for plaintiff failed to mail the $7.00 fees required for filing. Upon realizing the error, plaintiff’s counsel mailed the fees but only after the statute of limitations had passed. (more…)

On January 15, 2013, the Indiana Supreme Court issued a 5-0 opinion authored by Justice Robert Rucker in Plank vs. Community Hospital affirming the trial court’s denial of Plank’s request for an evidentiary hearing to challenge the constitutionality of the Medical Malpractice Act concluding that Plank had forfeited his opportunity to conduct such a hearing. (more…)