Indiana Injury Lawyer Blog

After three days of trial in St. Joseph County, Indiana, a Medical Malpractice lawsuit ended in a settlement Thursday. Indiana Medical Malpractice Lawyers can still work towards a highly beneficial settlement even as a Medical Negligence trial is ongoing. Terms of the deal were not released.

This case centered around the young son of Brandi and Hector Lopez. At the outset of the Medical Malpractice trial, the couple was asking for $10 million from Interim Healthcare, Inc. That company is based in Florida and provides heath care. The Lopez family alleged the company was to blame for severe Brain Injuries their then two year old son, Jonas, suffered while one of Interim Healthcare's home health nurses was caring for him in 2007. While the nurse was watching him, Jonas's breathing tube apparently became clogged with mucus so no oxygen could reach his brain.

According to court documents, the Medical Malpractice lawsuit claims the nurse should have put a new tube in when she couldn't clear the clog. However, the nurse called 911 instead, and paramedics got Jonas breathing again several minutes later. The Lopez's say this period of no oxygen caused Jonas to suffer permanent Brain Damage which will require constant medical care.

As mentioned earlier, terms of the settlement were not released publicly, but Indiana, like other states, does have guidelines on how Medical Malpractice and Medical Negligence lawsuits should be handled and how damages can be awarded. The Indiana State Medical Association details what is known as the Indiana Compensation Act for Patients or INCAP. It is Indiana's Medical Malpractice Act and has been in place since 1975. In fact, Indiana was the first state to implement far-reaching Medical Malpractice reforms.

One key aspect of INCAP is a cap on the amount of damages an injured patient can receive if he is a victim of Medical Malpractice or Medical Negligence. That cap is currently $1.25 million. It has gone up several times since it was enacted more than 35 years ago. That total monetary amount comes from both the liable doctor or healthcare provider and Indiana's Patient's Compensation Fund. Doctors pay into that fund.

If you think you are a victim of Medical Malpractice and are considering contacting an Indianapolis Medical Malpractice Lawyer, you should consider another element of INCAP -- the statute of limitations. Someone who may be suffering from Medical Negligence has a two year statute of limitations from the time the malpractice apparently happened. The statute of limitations is different if the victim is a child under the age of 6.

Continue reading " INDIANA MEDICAL MALPRACTICE TRIAL ENDS IN SETTLEMENT " »

Southern Indiana was the site of a deadly Semi Truck Accident early Wednesday morning. The fatal Auto Collision happened on United States Interstate 64 in Crawford County, Indiana. 51 year old James Loper was killed and 36-year old Eddie Goodine was hurt. Vehicle highway accidents often lead to Workers Compensation issues which we'll examine in a moment.

In this recent highway vehicle accident, Indiana State Police report the victims were in a Fedex Semi Truck that veered off the highway and hit an overpass. It is not yet clear which victim was driving the vehicle. No other vehicles were involved in the fatal accident. Goodine is apparently in stable condition at a local Kentucky hospital.

As mentioned earlier, auto accidents on highways can result in Worker's Compensation benefits. The driver or passenger, of course, must have been hurt or killed in the collision and on the job when the crash happened. The Indiana Department of Labor found that in 2009, 25 Indiana workers were killed because of a highway crash. That made highway vehicle crashes the leading cause of death in the workplace.

Continue reading " ONE MAN IS KILLED AND ANOTHER HURT IN SOUTHERN INDIANA SEMI TRUCK CRASH " »

The Indiana Department of Labor is looking into an On the Job death. 50-year old Charles Hulse died last week while working at CE Systems Inc. in Columbus. He collapsed while working at a foundry. It is not yet known if Hulse's death will bring Workers Compensation issues into play, but Work Comp does benefit many workers and their families in the event of an on the job injury or death.

Indianapolis's Wish TV reports in the article, "Coroner: Columbus Worker Died from Heat," that the Bartholomew County Chief Deputy coroner says Hulse died from a heart attack made worse by the intense heat. That day, the heat index was well above 100 degrees. Hulse was apparently feeling overheated and had taken a break in a cool area before working again.

Extreme heat can lead to workplace injuries and illnesses in Indiana and throughout the country especially considering the recent heat wave most of the United States has been experiencing. And workplace injuries and illnesses are often covered by each state's Workers' Compensation laws and codes. The Centers for Disease Control and Prevention examined heat-related deaths in workers and found that from 1992-2006, 423 workers in agricultural and nonagricultural businesses apparently died from exposure to environmental heat.

There are steps employers can take to try to protect workers from heat stress or heat stroke. The CDC recommends employers schedule hot jobs for a more cooler part of the day, provide cool water to workers, give rest periods, and educate workers about the signs of heat stress.

Continue reading " SOUTHERN INDIANA MAN DIES WHILE ON THE JOB IN COLUMBUS " »

An Indiana woman died and two children were hurt in a Car Accident near Bloomington. The auto collision happened Sunday on Wayport Road. Indiana investigators identified the victim as 68-year old Judith Combs from Columbus, Indiana.

Indianapolis media outlets report Indiana investigators say Combs was heading north on Indiana State Road 37 when she didn't yield to an approaching Jeep as she was pulling onto Wayport Road. The driver of the Jeep, thus, collided with Combs's car. Two children were in Combs's car at the time of the crash. Local police say the children were hurt but not severely. They were transported to Indiana University Health Hospital. The driver of the Jeep was reportedly slightly injured. It is unclear if any of the drivers' injuries are Workers Compensation related.

As mentioned earlier, Combs was 68 years old at the time of the deadly auto accident. She is in an age group that, statistically, has some of the fewest deaths in vehicle crashes. The National Highway Traffic Safety Administration found that 2,374 people aged 64-74 were killed in vehicle accidents in 2009. That's the fewest in any age group after the age of 16.

Continue reading " INDIANA WOMAN DIES IN CAR ACCIDENT NEAR BLOOMINGTON " »

Indiana military families will not be able to file Medical Malpractice claims for malpractice that occurs at military hospitals. That's because the United States Supreme Court decided it will not hear a case that would have stripped the protection military doctors and nurses have from medical malpractice lawsuits. The shield from military Medical Malpractice and Medical Negligence lawsuits stems from a 1950 Supreme Court decision and is known as the Feres Doctrine.

Fox News reports that in response to the Supreme Court declining to hear this latest case, lawmakers say they will again propose legislation to change the law that prohibits military medical malpractice lawsuits. If lawmakers are successful in overturning the Feres doctrine, the Congressional Budget Office estimates it will cost the government about $135 million every year in claims.

Military doctors and nurses aren't the only ones immune from medical malpractice lawsuits. For example, in Indiana, the Indiana State Medical Association explains some doctors are protected from medical malpractice liability in specific cases like some volunteer work and some work at community health centers and free clinics. In general, medical malpractice lawsuits in Indiana are guided by the Indiana Compensation Act for Patients.

Continue reading " INDIANA MILITARY FAMILIES AMONG THOSE AFFECTED BY SUPREME COURT MILITARY MEDICAL MALPRACTICE DECISION " »

An Auto Accident in Indiana's Allen County left two people dead. The deadly crash involved a bus and happened Saturday night near New Haven, Indiana. Several people were hurt as well. It is not clear if the bus driver was injured and if so, if the injuries bring Workers Compensation issues into play.

As for how the accident happened, Indiana investigators say the car was heading south on Indiana 101 when it failed to stop at a stop sign and collided with a tour bus. Each vehicle reportedly had two passengers. The passengers in the car were killed while the people in the bus were only slightly hurt.

Indiana investigators are looking into the cause of the deadly auto accident. Some witnesses say the car was speeding. Whether a driver is speeding or texting or simply not paying attention, an auto accident can occur, and there are numerous ways a driver can be at fault. The website, www.statisticstop10.com, reports that the National Safety Council found about 77% of vehicle collisions are because of driver error.

Continue reading " CAR CRASH IN INDIANA'S ALLEN COUNTY CLAIMS TWO LIVES " »

A deadly Semi Truck Accident in Wayne County, Indiana closed United States Interstate 70 for a few hours Friday evening. The victim in the Auto Collision was identified as 56-year old Danny L. Orr from Indianapolis.

Local Indiana media outlets report the victim's van struck the rear of a semi truck which had decreased its speed due to an earlier vehicle accident. A military convoy was part of that earlier vehicle crash. It is not clear if any of the injuries in the two accidents are Workers Compensation related.

As mentioned earlier, the fatal accident occurred when the victim's van rear-ended the tractor trailer. That point of impact is the second most frequent in deadly crashes involving large trucks. The National Highway Traffic Safety Administration found in 2009, 514 fatal accidents involving large trucks and another motor vehicle had the rear as the initial point of impact. That accounted for 16% of all such crashes.

Continue reading " SEMI TRUCK CRASH ON INDIANA HIGHWAY KILLS INDIANAPOLIS MAN " »

The parties involved in a Nursing Home Abuse case in Kentucky, Indiana's southern neighbor, appear to have reached a settlement. The Attorney General agreed to terms with former Hazard Nursing Home administrator Sheila Noe and the owner of the home. The agreement could include dropping the criminal charges of failure to report possible sexual abuse of a nursing home resident. However, if the nursing home administrators do not follow terms of the deal, those criminal charges could be reinstated.

Local media outlets report this case stems from an inspection by authorities in May of 2010. They claim to have found cases of possible Nursing Home Abuse and Neglect that nursing home administrators did not report. For example, one 88 year old resident was apparently sitting in the hallway where other employees and a supervisor could see her when a male resident approached her and ejaculated on her face.

Reporting possible Nursing Home Abuse and Nursing Home Injuries is key in protecting your loved ones and in helping stem the problem of nursing home abuse. The Indiana Long Term Care Ombudsman Program provides assistance if you suspect Nursing Home Abuse. There are local representatives throughout the state as well as a statewide phone number you can call for further information: 1- 800-622-4484 or (317) 232-7134.

Continue reading " AGREEMENT MADE IN NURSING HOME ABUSE CASE IN INDIANA'S NEIGHBOR " »

A Semi Truck Accident left two people with injuries. The Vehicle Crash happened in Indiana's St. Joseph County on the Indiana Toll Road. Two men were hurt, but it is not yet clear if their injuries are Workers' Compensation related.

Indiana's South Bend Tribune reports the semi truck driver fell asleep so the truck veered across the median and hit a ditch on the other side of the road. The injured men were said to suffer from neck and back injuries.

This tractor trailer accident occurred at about 4:30am on Wednesday, and fatigue is believed to be a cause of the crash. Driver fatigue is a big problem on America's roads especially when it comes to the drivers of large trucks like semis. The website, smartmotorist.com, notes a study that found 52% of 107 single vehicle crashes involving heavy trucks were related to fatigue. And more data concerning vehicle collisions on two of our country's busiest roads shows about 50% of the deadly accidents on those roads were connected to driver fatigue.

Continue reading " SEMI TRUCK ACCIDENT IN INDIANA'S ST. JOSEPH COUNTY INJURES TWO PEOPLE " »

A dump truck driver was hurt in a Truck Accident in Marion County, Indiana. The Vehicle Crash happened Tuesday night on United States Interstate 70. It is not yet clear if the driver was on the job and thus, if Workers Compensation issues are involved.

Indianapolis media outlets report Indiana State Police say the truck was heading west in a construction zone when it struck the Cumberland Road overpass. The collision caused the dump bed to come apart from the truck. The truck driver was hurt in the accident and taken to Indianapolis's Methodist Hospital for treatment. Officials are now looking into the overpass to see if it suffered any structural damage in the truck crash.

Fortunately, no construction workers were hurt or killed in the road construction zone accident. However, construction zones are extremely dangerous places. The Centers for Disease Control and Prevention found that from 1995-2002, 844 workers died while on the job at a road construction zone. Those fatalities accounted for 9% of all fatalities in construction, and more than half of them were due to a worker being hit by a vehicle or mobile equipment.

Continue reading " DUMP TRUCK ACCIDENT IN MARION COUNTY, INDIANA LEAVES TRUCK DRIVER HURT " »

Indiana investigators are looking into a deadly Truck Accident in Warrick County. The Vehicle Crash happened Monday afternoon on East State Road 62. The victim was identified as 57-year old Dwight Burch from Boonville, Indiana.

Indiana State Police say Burch's truck left the road and struck an embankment before stopping in a ditch. Investigators aren't sure what caused the truck crash but say Burch was probably unconscious when his truck left the road. He was unconscious when paramedics arrived. An autopsy is set for tomorrow.

Light trucks are involved in hundreds of auto accidents a year in Indiana. According to the National Highway Traffic Safety Administration, 364 light trucks were involved in deadly vehicle crashes in 2009. That accounted for 36.7% of all the fatal vehicle crashes that year. Only passenger cars were in more deadly accidents than light trucks.

Continue reading " TRUCK ACCIDENT IN WARRICK COUNTY, INDIANA KILLS ONE " »

An Indiana police officer died while On The Job Monday afternoon. 34-year old Brent Long was an officer with the Terre Haute Police Department. He was shot to death while serving a warrant. Workers Compensation issues pertain to on the job deaths but differ when a police officer is the worker who is hurt or killed.

According to Indiana media reports, Long was among several officers who were serving the warrant when someone inside the home started shooting. Long was struck with a bullet and later died at a local Terre Haute, Indiana hospital. The suspect was shot and killed as well.

As mentioned earlier, Workers' Compensation does come into play when someone dies in a work related incident. However, some jobs with intrinsic risks like police officer and firefighter have their own unique Work Comp laws and codes. In Indiana, Code 36-8-4-5 details the benefits and treatment firefighters and police officers should receive if they are hurt or killed while on the job.

Continue reading " TERRE HAUTE POLICE OFFICER DIES WHILE ON THE JOB IN INDIANA " »

Just days after a statewide Texting While Driving Ban went into effect in Indiana, a young driver learned firsthand how dangerous the combination can be. 21-year old Lucas Harrison from Connersville was in an Auto Accident last week after he says he was texting while driving. Harrison ended up crashing into a business in Richmond, Indiana. Fortunately, he was not hurt in the vehicle collision.

Harrison reportedly told local Indiana police he cannot recall what happened in the moments prior to the accident. He says he does remember driving and texting on Chester Boulevard and then waking up in a smashed up vehicle. Before the accident, Harrison's car reportedly crossed the center lane and two northbound lanes and then crashed into and through the Grandview Medical Equipment building before stopping in the parking lot. No one was hurt.

Because of a new Indiana law that bans texting while driving, Harrison received a ticket for the illegal use of a telecommunications device. The new legislation went into effect July 1st and carries a fine that could go up to $500.

Many recent studies document the dangers of cellphone use while driving and texting while driving. The Washington Post reports 28% of traffic crashes happen when people talk on cellphones or text while driving. Of those crashes, almost 1.5 million a year are caused by cellphone conversations, and 200,000 are caused by texting.

Continue reading " CONNERSVILLE DRIVER LEARNS DANGERS OF TEXTING AND DRIVING AFTER INDIANA CRASH " »

A multi Vehicle Accident on Sunday in Warren County, Indiana left one man dead. 25-year old Tyler Potts from Williamsport, Indiana died when his Motorcycle Crashed into a car.

According to Indiana State Police, Potts was on his motorcycle on Indiana 263 when a car driven by 74-year old Kay Lape from West Lebanon, Indiana started to turn left. Lape apparently was not aware of Potts's whereabouts on the road. Thus, she turned her car in front of the motorcycle which caused the motorcycle to collide with the car. Potts was taken to a local Indiana hospital where he later died from his injuries. Lape was not hurt in the auto accident.

Indiana State Police say Potts was wearing a helmet in the vehicle crash. While helmet use will not prevent every motorcycle crash fatality, studies do show helmets can save many lives. The National Highway Traffic Safety Administration found helmets are about 37% effective in avoiding deaths. That means that in 2003 when there were 3,661 rider deaths in motorcycle accidents, more than 1,100 more motorcyclists would have died had they not been wearing helmets.

Continue reading " WARREN COUNTY VEHICLE CRASH KILLS INDIANA MAN " »

One man is dead after a Semi Truck Crash in Boone County, Indiana last week. The Auto Accident happened on United States Interstate 65 and caused the southbound lanes to be closed for hours. It is not yet known if any of the injuries will result in Workers Compensation issues.

Indiana investigators say the deadly truck accident started when a semi flipped on Interstate 65 near the Lebanon exit. That caused traffic to build up which reportedly led to a second tractor trailer hitting a third semi in the back. That second semi burst into flames, and its driver was killed.

Fatigue is suspected as a factor in the vehicle collision, and it often is the cause of truck crashes. The website, www.saferoads.org, notes the Federal Motor Carrier Safety Administration found about 750 people are killed and 20,000 are hurt every year due to fatigued commercial vehicle drivers.

Continue reading " DEADLY SEMI TRUCK CRASH IN BOONE COUNTY, INDIANA " »

A fatal Auto Accident in Indiana's Marion County is behind a policy change at Indianapolis Public Schools. Teachers and other staff members will not be allowed to drive students in their own vehicles. The former policy was not clear on this. If anyone violates the new rule, that worker will be held responsible for any auto crashes that might occur and could lose their job.

Indianapolis's WRTV reports this policy change comes following a deadly auto crash a few months ago. A 13-year old Harshman Middle School student, Justice Holifield, died and two others were hurt when their band teacher drove them to a store to get items for a school-related function. A Semi Truck hit their car. The teacher was also hurt in the crash. It is not clear if Workers' Compensation benefits would apply in this case.

While studies show school buses are a much safer form of transportation for children, many school buses do find themselves in accidents in Indiana and throughout the United States, and many children find themselves hurt as a result. The website, www.safeguard4kids.com, looked at several studies and reports. One report found almost 10,000 kids are hurt in roughly 26,000 school bus accidents every year. Another report from the American Academy of Pediatrics estimates more than 51,000 injuries from school bus accidents were treated at hospitals from 2001-2003. That's about 17,000 kids hurt in school bus crashes each year.

Continue reading " DEADLY INDIANA AUTO ACCIDENT PROMPTS CHANGE AT INDIANAPOLIS PUBLIC SCHOOLS " »

A Semi Truck Accident caused headaches for drivers on Indianapolis's Eastside. The Auto Collision happened Tuesday evening and affected drivers on United States Interstate 70 and United States Interstate 465.

Indiana State Police report the tractor trailer hit a guardrail and then flipped on the United States Interstate 70 on ramp from United States Interstate 465. It is not clear why the trucking accident happened or how severely hurt the truck driver was. We are also awaiting work on whether any Workers Compensation issues are at stake. Work Comp injuries occur when an employee is on the job.

Semi truck accidents do occur quite frequently not only in Indiana but throughout the country. Of course, millions of trucks take to America's roads every year. The website, www.truckinfo.net, estimates more than 15 million trucks are in use in the U.S., and of those, about 2 million are semi trucks. Despite their prevalence, trucks are actually 3 times less likely to be in a vehicle collision than a regular motor vehicle. That's according to www.truckinfo.net. However, research also found that one person is hurt or dies in a truck crash every 16 minutes. And, the United States Department of Transportation found about 500,000 truck accidents happen each year.

Continue reading " SEMI TRUCK CRASH IN INDIANA'S MARION COUNTY LEAVES DRIVER HURT " »