Indiana Injury Lawyer Blog

An Indiana nose doctor who once fled the country while facing Medical Malpractice claims is asking for his trial to be moved to a court district outside of the Hammond, Indiana one at which it is set. Indiana Medical Malpractice Attorneys can ask for a change in venue if they think the current venue will not allow their client to have a fair trial. In this case, Doctor Mark Weinberger's lawyer says the intense media coverage surrounding Weinberger could effect prospective jurors. The health care fraud and medical malpractice trial is set to start in early 2012.

Weinberger's Medical Malpractice and Medical Negligence cases have been in the spotlight recently. Back in April, he attempted to reach a plea deal on 22 counts of health care fraud. However, the judge rejected it saying the case was bigger than specified. The fraud stemmed from nose surgeries Weinberger allegedly billed for but never performed.

A month before the plea deal was rejected, a jury in Lake County, Indiana convicted Weinberger in the Medical Malpractice suit concerning the late Phyllis Barnes. Barnes's family claimed Weinberger did not diagnose her lung cancer from which she later died. Her family contends the doctor, instead, treated her for other conditions simply to make money.

After Barnes's death, Weinberger fled the country and was not found for about 5 years. In the meantime, the Medical Malpractice and Medical Negligence lawsuits piled up. The Merrillville, Indiana doctor is confronted with about 350 medical malpractice suits in the Hoosier state.

In Barnes's case, the Indiana jury awarded her family $13 million in damages. However, like many states, Indiana laws dictate how Medical Malpractice lawsuits can be handled and how damages can be awarded. In Indiana, these guidelines fall under the Indiana Compensation Act for Patients or INCAP for short. This Indiana Medical Malpractice Act has been in place for more than 35 years. One key element of INCAP are the caps on damages a victim can receive. Despite what a jury may decide, the total amount of damages a patient can receive for a medical error is currently $1.25 million. Part of that money comes from the doctor or medical care provider and part comes from the Indiana Patient's Compensation Fund. That fund is another element of INCAP.

Of course, INCAP entails other elements such as limits on attorney fees and a statute of limitations. The Indiana State Medical Association details aspects of the Indiana Compensation Act for Patients on its website.