Indiana Injury Lawyer Blog

Indianapolis Medical Malpractice Lawyers learned a truck driver who had part of his penis amputated lost his Medical Malpractice case against the urologist. The case took place in Kentucky, Indiana's neighbor to the south. The driver, 64 year old Phillip Seaton, claimed Dr. John Patterson didn't show proper care. Also, Seaton alleged he didn't consent to part of his penis being amputated during what was supposed to be a circumcision even though the doctor found cancer in the organ. The jury's decision against Seaton was unanimous.

In testimony during this Medical Negligence lawsuit, Patterson explained he cut off a small part of the penis only after he discovered possibly fatal cancer during the circumcision surgery. A second physician later removed the rest of the organ. On the other hand, Seaton's lawyer claimed Patterson performed a medical error by not stopping the circumcision surgery once he found the cancer, waking the patient, and talking with him about treatment options.

A big issue in this Medical Malpractice case was a consent form for the original surgery i.e. the circumcision. The doctor's attorney claimed that form gave his client permission to handle any medical situations that might arise during surgery. Seaton's lawyer says he plans to appeal the jury's decision, saying a physician can only change a consent for surgery if a patient's chance of dying is immediate.

Seaton was asking for about $16 million dollars in damages had he won this Medical Malpractice case. Kentucky does not have a law limiting the amount of money a medical error victim may win in a Medical Negligence case. However, Indiana does have a law limiting damages in such lawsuits. This limit is known as a "cap." Indiana's Medical Malpractice law is commonly known as INCAP which stands for Indiana Compensation Act for Patients. It was enacted in 1975, and one of its key elements is a limit on damages.

Indiana Medical Malpractice Attorneys at Kooi Law are well-versed on the aspects of INCAP and the limit on damages. That limit is currently set at $1.25 million. It has been raised several times over the years. Doctors found guilty of medical negligence would be responsible for the first $250,000 while Indiana's Patient's Compensation Fund would pay $1 million at most in damages. That Patient's Compensation Fund is comprised of money from a surcharge doctors pay to make sure injured patients will receive the money they are awarded. That surcharge varies by the field in which a doctor practices.

Continue reading "JURY RULES AGAINST PATIENT IN PENIS AMPUTATION MEDICAL MALPRACTICE CASE NEAR INDIANA" »

The Indiana Supreme Court ruled in favor of a hospital in a Medical Malpractice case. Lisa Gordon filed a lawsuit against Indiana's Howard Regional Health System claiming it performed Medical Malpractice and lost some medical records while caring for her son when he was born. The Indiana Supreme Court's decision overturns a decision made by a lower court. Experienced Indiana Medical Malpractice Lawyers are well-versed in the state's medical malpractice law and are well-qualified to take clients' cases to Indiana's highest court if necessary.

In another aspect of the complaint, Gordon claimed because the hospital lost some pertinent medical records, she would have a virtually impossible time trying to prove a certain doctor performed medical malpractice. This is deemed "spoliation." Indiana Medical Malpractice Lawyers define "spoliation" of evidence as the purposeful or negligent withholding, altering, or destroying of evidence pertinent to a legal proceeding. Gordon was looking for additional damages for "spoliation." After decisions by the Howard Circuit Court and then the Court of Appeals, Gordon took her case to the Indiana Supreme Court, but the Court ruled in favor of the hospital.

Indiana's Medical Malpractice law lays out the legal process for many Medical Negligence claims. The law is called the Indiana Compensation Act for Patients or INCAP for short. It was enacted in 1975 and made Indiana the first state to impose wide-ranging medical malpractice reforms.

One aspects of INCAP is a "medical review panel." In a Medical Negligence lawsuit, Indiana Medical Malpractice Lawyers will take the case to them before any court action can take place. The panel consists of 3 health care professionals and one lawyer who is a chairman and facilitator but has no vote. The three panel members are chosen by the plaintiff and defendant with each choosing one health care provider. And then, these two providers choose a third. If the defendant is a health care professional who specializes in a specific field of medicine, two of the panelists chosen are required to be from the same field as the defendant.

The medical review panel is formed only after the claimant files a complaint with the Indiana insurance commissioner. The commissioner then notifies the health care provider within 10 days. After that, the panel can be formed within 20 days after the complaint is filed. And the medical review panel must issue an opinion within 180 days after it is formed. However, the panel's decision is not legally binding. It can, though, be used in court as evidence in a Medical Malpractice case.

Continue reading "INDIANA SUPREME COURT REVERSES LOWER COURT DECISION IN MEDICAL MALPRACTICE CASE" »

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.

Continue reading "INDIANA "FUGITIVE" NOSE DOCTOR FACING MEDICAL MALPRACTICE CHARGES ASKS FOR NEW TRIAL VENUE" »

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" »

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" »

Indiana military families who are victims of Medical Malpractice may soon find they have a new avenue to pursue. The United States Supreme Court could decide as soon as Monday if they will hear a case that challenges the way military medical malpractice is handled.

Currently, military nurses and doctors are protected from Medical Malpractice and Medical Negligence lawsuits even if they have acted negligently or made a medical error. The rule has been in place for more than 60 years, and shields the United States government from being sued by military personnel hurt while on duty.

Today, the Supreme Court Justices are looking into the death of Air Force Staff Sergeant Dean Witt and its ties to that legal precedent. Witt died in 2004 following a nurse's admitted error as Witt was treated for appendicitis at David Grant Medical Center. If the justices find in the late sergeant's family's favor, they could hold a full hearing on military medical malpractice during their next term.

Outside of military medical malpractice, each state handles Medical Malpractice differently. In Indiana, medical errors are handled under the Indiana Compensation Act for Patients which is also known as InCap. It's been in place since 1975 and was deemed ground-breaking at the time. Indiana's Medical Malpractice Act includes limits on attorney fees and is seen as the reason for physicians in Indiana having lower medical malpractice insurance premiums. Lawmakers, at the time, reasoned lower insurance premiums would attract more doctors and lead to better healthcare in Indiana.

Continue reading "SUPREME COURT MIGHT TAKE ON MILITARY MEDICAL MALPRACTICE" »

Indiana's Medical Malpractice law is facing a challenge from an unlikely source -- a Fishers doctor. Many Indiana lawmakers and physicians consider The Indiana Compensation Act for Patients as one that protects doctors and provides them and the medical system with stability. However, now Dr. Scott Hubbard, would like that law to change.

As reported by www.theindychannel.com in the article, "Patients Blast Indiana Law that Protects Doctors," a doctor did not diagnose Hubbard's cancer in 1999 when he underwent his initial biopsy. Hubbard sued his doctor for Medical Malpractice, but Indiana's Medical Malpractice law limits the amount of money he can recover. Even though his medical expenses are close to $2 million dollars and his lost wages are more than $4 million, the most money he can receive in a medical malpractice lawsuit is $1.25 million. Hubbard says Indiana's Medical Malpractice law is, thus, unfair.

The Indiana Compensation Act for Patients has faced legal challenges before since it was enacted in 1975. The law determines the process for handling a medical malpractice case as well as the possible jury awards. One step is for the case to be heard by a "medical review panel."

However, patients and their families who would like the law changed point to statistics surrounding this panel. According to the Indiana Department of Insurance, from 1975-2009, the medical review panel issued opinions in 12,034 cases and did not find medical malpractice in 7,674 of them. That's about 64% of the time. Thus, many patients and their families say this data shows the medical malpractice law favors doctors.

Continue reading "FISHERS DOCTOR WOULD LIKE INDIANA MEDICAL MALPRACTICE LAW TO CHANGE" »

Indiana residents and people throughout the country who are veterans or are in the military might soon have new options when it comes to Medical Malpractice. Currently, a 1950 Supreme Court ruling protects military medical personnel from medical malpractice lawsuits. But, that could soon change.

As detailed by the Associated Press in the article, "Military Faces Challenge to Malpractice Shield," the United States Supreme Court is considering taking on a case of an officer who died after a nurse put a tube down the incorrect part of his throat. The Supreme Court, then, might overturn that 1950 law known as the Feres Doctrine. The Congressional Budget Office believes overturning the law would cost the federal government about $135 million yearly in claims.

Over the years, the Feres Doctrine has faced many legal challenges but thus far, has remained intact. In Indiana, the state's medical malpractice law, known as the Indiana Compensation Act for Patients, has faced legal battles as well since it was enacted in 1975. Indiana was the first state in the country to put in place medical malpractice reforms, and other states soon followed.

Continue reading "U.S. SUPREME COURT MIGHT CHANGE MEDICAL MALPRACTICE LAW FOR MILITARY IN INDIANA AND COUNTRY" »

An Indiana doctor's former patients are circling January 9th on their calendars. That's when Merrillville's Dr. Mark Weinberger is set to stand trial on federal health care fraud charges. The former northwestern Indiana nasal doctor also faces hundreds of Medical Malpractice lawsuits.

As detailed by www.wthr.com in the article, "January Trial Set for Indiana Doctor Who Hid in Italy," a trial date was set after a judge rejected a plea deal that would have sent Weinberger to prison for four years. The doctor had pleaded guilty in October to 22 counts of billing for procedures he never did. The judge said the plea agreement wasn't tough enough. Another plea deal is possible. A deadline for that was set for December 23rd.

You may recall Weinberger was arrested in 2009 in Europe after he had disappeared for about five years. He fled the country after one of his patients died from cancer after he did not diagnose it. Weinberger was recently convicted of Wrongful Death in that medical malpractice case.

In Indiana, Medical Malpractice cases are governed by the Indiana Compensation Act for Patients. It's been in place for more than 30 years. The Act dictates the amount of money a wronged patient can recover in a medical malpractice case and established a two year statute of limitations in most cases.

Continue reading "TRIAL DATE SET FOR INDIANA DOCTOR FACING HUNDREDS OF MEDICAL MALPRACTICE LAWSUITS " »

A federal judge in Hammond, Indiana did not accept a plea deal for the former northwest Indiana nose doctor charged with 22 counts of fraud and facing about 300 Medical Malpractice and Medical Negligence lawsuits. Merrillville's Mark Weinberger pled guilty in October to those health care fraud charges in exchange for four years in prison. Wednesday morning, an Indiana judge said that sentence wasn't tough enough.

As reported by the Chicago Tribune in the article, "Judge Rejects Plea Deal for Ex-Fugitive Doctor," many of Weinberger's former patients wrote to the judge asking him to reject the plea deal with prosecutors. The judge said those letters did not impact his ruling. This case could now go to trial.

Legal troubles are not new to Weinberger. The Chicago Tribune states the former Indiana doctor was recently convicted of Wrongful Death in a medical malpractice case where one of his former patients died of cancer after he did not diagnose it. Weinberger fled the country for about five years after that patient's death. Authorities captured him in 2009 in the Alps.

Indiana does have guidelines on how Medical Malpractice cases should be handled. They are outlined in the Indiana Medical Malpractice Act which is also known as the Indiana Compensation Act for Patients or INCAP. It contains five components: statute of limitations, limits on recovery, patient's compensation fund, medical review panel, and limit on attorney fees.

Continue reading "INDIANA JUDGE REJECTS DEAL FOR MERRILLVILLE SURGEON FACING HUNDREDS OF MEDICAL MALPRACTICE LAWSUITS" »

Indiana's fellow midwestern state, Iowa, is drawing criticism for not doing nearly enough to prevent Nursing Abuse and Nursing Home Neglect. Patient advocates are upset because the state of Iowa cannot pose fines on hospitals or hospital owned nursing homes. This is the case even in instances of nursing home abuse and nursing home neglect.

As reported by www.desmoinesregister.com in the article, "Iowa Hospices Inspected Only Once Every 20 Years," patient advocates says Iowa's health care system is ripe for poor care. That, unfortunately, can lead to Medical Malpractice and Medical Negligence. For example, Iowa does not oversee privately run home health agencies nor does it necessitate licensing or government inspection of out-patient surgical centers. And Iowa hospices are only inspected once every 20 years.

Fortunately for Hoosiers, Indiana has much more oversight on the health care facilities in its state. According to the state's website, Indiana's General Assembly recently created the Regulated Occupations Evaluation Committee. This committee looks into all professional licenses in the state including those in the health care field and examines the state board responsible for reviewing and regulating nursing home administrators.

Continue reading "INDIANA'S FELLOW MIDWESTERN STATE CRITICIZED FOR LACK OF NURSING HOME ABUSE PREVENTION" »

A former Northwest Indiana doctor is the subject of more than 300 Medical Malpractice lawsuits. Thus, many of Mark Weinberger's former patients are not satisfied with the plea deal he received on federal fraud charges. They believe his sentence isn't tough enough.

As reported by www.myfoxchicago.com in the article, "Patients Unhappy with Dr. Mark Weinberger's Plea Deal," Weinberger recently pled guilty to 22 counts of health care fraud and in return, he is to spend 4 years in prison. A federal judge has to first accept the deal, and many of Weinberger's former patients are asking the judge to reject it. He is set to be sentenced on Wednesday.

Weinberger is no stranger to controversy. Just last month, a Lake County, Indiana jury convicted him of medical malpractice in the death of his former patient Phyllis Barnes. She died in 2004 after Weinberger did not diagnose her throat cancer. Soon after Barnes' death, Weinberger disappeared, fleeing to Europe before authorities found him five years later.

Indiana's Medical Malpractice Act has been in place since 1975. That's more than 35 years. It stipulates how medical malpractice and medical negligence cases should be handled and caps the monetary amount juries can award in medical malpractice cases. The Indiana State Medical Association reports that the law has faced constitutional challenges, but unlike in other states, it has not been overturned.

Continue reading "MORE THAN 300 MEDICAL MALPRACTICE LAWSUITS FILED AGAINST FORMER INDIANA DOCTOR " »

Medical Malpractice may be the cause of an Indiana man's likely death. 74-year old Richard Wallace Sr. was recovering from heart surgery in the intensive care unit at Indianapolis area's St. Francis Health's Heart Center when an IV pole fell and struck him on the head. This alleged Medical Negligence accident happened Wednesday.

As reported by www.theindychannel.com in the article, "Hospital Makes Changes After 'Tragic Accident,'" doctors say the Indiana man incurred a serious head injury when the IV pole that was attached to the wall fell on him. They say he is not likely to recover from this injury. Officials with all the Indianapolis area St. Francis Health Hospitals say they are striving to replace those particular IV poles with ones that are based on the floor. Before this apparent medical malpractice accident, Wallace was expected to fully recovery from heart surgery. The Indianapolis Coalition for Patient Safety was informed of this incident.

Unfortunately, many people seek medical treatment every year and end up with more severe problems because of Medical Malpractice. According to the National Patient Safety Foundation, recent research estimated that as many as 44,000 to 98,000
people die in the United States every year because of a preventable medical error. This makes medical malpractice or a medical error at least the ninth leading cause of death in our country. That's even more deaths than from motor vehicle accidents.

Continue reading "INDIANA MAN NOT EXPECTED TO RECOVER FROM APPARENT MEDICAL MALPRACTICE AT INDIANAPOLIS HOSPITAL" »

A Medical Malpractice lawsuit in Lake County, Indiana ended with the jury awarding the victim's family $13 million. The jury reached their decision on the sixth day of the Northern Indiana trial. The case stemmed from a 50-year old woman from Valparaiso who died of cancer. Her family contended her doctor failed to diagnose her cancer.

As reported by www.wthr.com in the article, "Lake County Jury Award Cancer Patient's Family 13M," the doctor, Mark Weinberger, fled to Europe shortly after he performed surgery on the victim, Phyllis Barnes. Authorities eventually found him about five years later in 2009. Barnes's family claimed Weinberger should have diagnosed her cancer and thus, was guilty of Medical Malpractice and Medical Negligence for failing to do so while treating her for a sinus problem. The jury found in favor of Barnes's family and awarded a total of $13 million in damages.

However, that verdict should be tempered by Indiana's Medical Malpractice Act. The Indiana State Medical Association outlines Indiana's Compensation Act for Patients which details the maximum amount juries can award in Medical Malpractice cases in Indiana. This law has been in place since 1975.

Continue reading "LAKE COUNTY JURY AWARDS MILLIONS TO INDIANA WOMAN'S FAMILY AFTER MEDICAL MALPRACTICE LAWSUIT" »

Indiana's Medical Malpractice reform law has been in place for more than three decades, but Medical Malpractice and Medical Negligence are hot topics in many states right now including in New York.

As reported by the New York Daily News in "Lawyer Pol John DeFrancisco Urges Attorney Malpractice Fee Boost," New York State Senator John DeFrancisco is advocating a bill that would increase medical malpractice fees for lawyers of which he is one. New York's governor is on the opposite side of the issue, trying to cap medical malpractice awards.

Lawmakers at the Statehouse in Indianapolis long ago confronted these issues. The Indiana Compensation Act for Patients (INCAP) was implemented back in 1975. As detailed by the Indiana State Medical Association, INCAP does limit medical malpractice and medical negligence awards and caps attorney fees at 15% of the Patient's Compensation Fund award. The Patient's Compensation Fund is a key element of Indiana's medical malpractice reform which participating doctors pay into.

Continue reading "MEDICAL MALPRACTICE REFORM HOT BUTTON TOPIC IN NEW YORK AS INDIANA'S MEDICAL MALPRACTICE LAW SITS TIGHT" »

Indiana lawmakers are not currently debating Medical Malpractice and Medical Negligence reform, but lawmakers in several other states including Montana are looking into the issue.

As reported by www.KRTV.com in the article, "MT Legislature Takes up Medical Malpractice Issue," a hotly contested bill requires patients to present clear and convincing proof that medical malpractice happened. In addition, the legislation also states that if doctors record their reason for not ordering a test, then they are protected from civil lawsuits.

Indiana's Medical Malpractice Act has been in place for more than three decades. The Indiana State Medical Association details its components and how it affects both doctors and patients. For example, the Medical Malpractice Act stipulates that patients must file a medical malpractice or medical negligence claim within two years from when the suspected malpractice or negligence happened.

Continue reading "MEDICAL MALPRACTICE REFORM IS CALM IN INDIANA BUT NOT ELSEWHERE" »

A former northwest Indiana surgeon is on trial in Hammond for Medical Malpractice. Hammond is in Lake County which is about 2 1/2 hours from Indianapolis. Mark Weinberger is accused of Medical Negligence. The family of Phyllis Barnes claims the surgeon failed to diagnose her lung cancer. She later died from the disease at the age of 50 in 2004.

As reported in the Indystar in the article, "Indiana Surgeon on Trial in Cancer Patient's Death," Weinberger fled to Italy years ago and was finally caught in December of 2009 after 5 1/2 years on the run. His lawyers claim subsequent doctors who treated Barnes didn't find cancer either. This Medical Malpractice case is not the end of Weinberger's legal problems. He is scheduled to be sentenced next month on almost two dozen counts of health care fraud for charging patients' health insurance companies for surgeries he never did.

Continue reading "INDIANA SURGEON ON TRIAL IN HAMMOND FOR MEDICAL MALPRACTICE " »

New York lawmakers are debating Medical Malpractice and Medical Negligence caps. Indiana was the first state to implement them. And that happened more than three decades ago... back in 1975. Many states have followed Indiana's lead since then.

As reported by www.NY1.com in "Emotions Run Strong as State Considers Medical Malpractice Cap," a New York state commission is suggesting a fund for neurologically-impaired babies as well as a cap on jury awards for pain and suffering. This is being hotly debated.

In Indiana, the Medical Malpractice reform law is known as the Indiana Compensation Act for Patients or INCAP. As detailed by the Indiana State Medical Association, this medical malpractice and medical negligence reform does cap jury awards but also limits attorney's fees while not limiting attorney expenses.

Continue reading "ANOTHER STATE MAY FOLLOW INDIANA'S LEAD AND IMPLEMENT MEDICAL MALPRACTICE CAPS" »

A former Terre Haute police officer was the center of a Medical Malpractice case that resulted in a $2.5 million dollar judgment. The Vigo County jury made that decision last week after six hours of deliberation. Jeffrey Davis claims his doctor didn't diagnose his colon cancer in 2004 and was thus, guilty of medical malpractice in Indiana.

As reported by www.Tribstar.com in the article, "Vigo Jury Awards $2.5M in Medical Malpractice Case," Davis sued Dr. John Morse from Terre Haute claiming the doctor should have performed certain tests to diagnose his cancer but failed to do so. Davis said when he was 35 years old, he went to the doctor complaining of rectal bleeding, nausea, vomiting after eating, and diarrhea. Dr. Morse did not perform a sigmoidoscopy or a colonoscopy which Davis claimed would have identified his cancer. Instead, Morse ordered an upper G.I. test. That resulted in explaining some of Davis's problems but not the rectal bleeding. Two years later, Davis went to another doctor in Arizona who ordered the necessary tests and discovered the former Indiana resident had stage 4 incurable colon cancer. At the age of 42, he was given one year to live.

The Vigo County jury awarded the former Terre Haute police officer a $2.5 million dollar verdict. However, because Indiana has a $1.25 million cap on medical malpractice, the judgment will be cut to that maximum of $1.25 million.

Indiana is a leader in the field of Medical Malpractice and Medical Negligence. In fact, as noted by the Indiana State Medical Association, in 1975, Indiana became the first state to instill Medical Malpractice reform. The law contains several aspects that have kept it in place for decades including a medical review panel and a Patient's Compensation Fund.

Continue reading "FORMER INDIANA POLICE OFFICER WINS MULTI-MILLION DOLLAR JUDGMENT IN VIGO COUNTY MEDICAL MALPRACTICE CASE" »

Indiana has complex laws governing medical malpractice. But did you know Indiana was at the forefront of medical malpractice reform? According to the Indiana State Medical Association, Indiana was the first state in the United States to enact comprehensive malpractice reforms. This happened in 1975, and other states soon followed suit. Indiana Compensation Act for Patients (INCAP) attempts to find an equilibrium between the needs of doctors for affordable liability insurance premiums and the needs of patients.

Continue reading "INDIANA MEDICAL MALPRACTICE REFORM LEADER" »

Dr. Philip Gabriele, 44, and his wife Marcella, 33, were found slain Monday morning at the office of the Gabriele Eye Institute in Elkhart, Indiana. Gabrielle, a well-known eye surgeon in the area, had been under Federal indictment pertaining to 15 patients he had provided treatment for in the past. Reports indicated that the 15 cases involved allegations of healthcare fraud, and were only a small fraction of the over 13,000 patients he had treated over the years.

A family friend of the Gabrieles, Susan Manuszak, told police that when she went to the Gabriele home in Granger Monday morning, she found a suicide note. She called police and met them at the Gabriele Eye Institute Office in Elkhart, where the bodies were located.

The deaths were discovered on the day the Gabrieles were puportedly to turn themselves in to law enforcement to face the alleged health care fraud charges.

A licensed practical nurse employed by SNR Medical Services, a third-party contractor for medical services for the Madison County Jail, was attacked by an inmate on Thursday. The inmate, Omond J. Smith, 32 of Anderson, Indiana, had complained of Asthma symptoms while being transported from the Wabash Valley Correctional Facility to the Madison County Courthouse for a hearing.

While receiving treatment from the LPN, Smith apparently got a hold of some type of wire mesh cloth which he used during the attack. Shortly after attempting to restrain the LPN, a guard heard the commotion and intervened to help the nurse.

Smith will be charged with criminal confinement, battery and possession of a dangerous weapon/material. The LPN reported to have sustained only minor injuries.

Officials with the Clarion Health Network, Methodist Hospital, and Clarian Cardiovascular announced that Methodist Hospital has become the first accredited Heart Failure Institute in the State of Indiana and only the fourth such institute in the nation. This designation is provided by the Health-care Accreditation Colloquium.

The designation of a Heart Failure Institute demonstrates a guarantee to provide ongoing cardiac care, efforts to improve patient survival and quality of life, and continuous progress in management of heart failure symptoms.

The procedure by which a facility obtains accreditation is designed around improvement methods, which include an analysis of current practices, comprehensive reports, in depth interviews and onsite review. By obtaining the distinction of accreditation, Methodist has shown that it is proficient in managing heart disease and failure.

Continue reading "METHODIST HOSPITAL IN INDIANAPOLIS, MARION COUNTY, INDIANA IS NAMED AS ONE OF ONLY FOUR ACCREDITED HEART FAILURE INSTITUTES IN THE COUNTRY AND THE FIRST IN THE STATE OF INDIANA" »

When the CMS issued its new ratings in December, 2008, about 22 percent of the nation's nearly 16,000 nursing homes received the
federal government's lowest rating under the new five-star rating system , while only 12 percent received the highest ranking possible.

The acting administrator for the Centers for Medicare and Medicaid Services, Kerry Weems, said the agency was merely taking existing data already on the agency's Web site and facilitating its use for patients and families. He said it can be difficult for people to understand all the aspects of an inspection, but "[t]his should help consumers in narrowing their choices, but nothing should substitute for visiting a nursing home when making a decision".

Under the new system, five stars means a nursing home ranks much above average, four stars indicates an above average ranking, three stars means average, two is below average and one is much below average. The rankings will be updated quarterly, and the CMS is already getting a lot of flack from the nursing home industry. Many facilities believe the system is just not easily applied under the current investigative process conducted by the states. The key argument in this is that each state has their own subjective process by which they review facility performance.

The system "is poorly planned, prematurely implemented and hamhandedly rolled out," said Larry Minnix, president and chief executive officer of the American Association of Homes and Services for the Aging.

Countering this, however, was Alice H. Hedt, executive director of the National Citizens' Coalition for Nursing Home Reform. She noted, "[f]rom a consumer viewpoint, it's not stringent enough... It's basically taking information already available on Medicare's Nursing Home Compare Web site and pulling it into an easier system for consumers to use, and that is a good thing."

Still, both consumer watch groups and the CMS believe that the system cannot be a substitute for personal inspection and investigation.

In rating the nursing homes, CMS used three year's worth of inspections which were recorded on an annual survey designed to measure how well homes protect the health and safety of their residents.

Continue reading "INDIANA NURSING HOMES CONCERNED ABOUT NEW FEDERAL CARE RATINGS" »

The Centers for Medicare and Medicaid Services (CMS) recently released a new five-star rating system to rank every nursing facility in the country. Two White County Indiana nursing homes came in at opposite ends under the new system. Monticello Assisted Living and Healthcare was given a one-star rating (the worst under the new system) while Whispering Pines received the second to highest rating, four-stars. The ratings were released in December and updated January 15th.

Nearly 28 percent of Indiana's nursing facilities were given one star, the lowest rating. By far, the most troubling area for these facilities was the staffing review. The new rating system uses the national database called the Minimum Data Set (MDS) Repository, which is information collected at intervals on every nursing home resident, and government surveys gathered on each facility. In Indiana, the government surveys are conducted by the Indiana State Department of Health (ISDH). The state summarizes their surveys into report cards on each facility.

Whispering Pines received a score of 184 while Monticello Assisted Living and Healthcare scored 164 under the comprehensive totals. These numbers both compare relatively well compared to the Indiana state average of 193 (the lower the score the better).

The CMS quality-rating system looks at three primary areas: health inspections, staffing and quality measures. Whispering Pines scored four stars in staffing while Monticello Assisted Living and Healthcare scored one star.

Continue reading "MONTICELLO ASSISTED LIVING AND HEALTHCARE AND WHISPERING PINES AMONGST WHITE COUNTY NURSING HOMES RATED UNDER NEW INDIANA AND FEDERAL FIVE STAR SYSTEM" »

As the number of reports and claims of nursing homes abuse and neglect has continued to rise in the last several years, many states have begun enacting consumer protection laws to assist the elderly and their families. These measures have the added intention of holding nursing home facilities accountable for deficient care which leads to abuse, injury, or in some cases, death.

In an effort to circumvent these consumer protection acts and avoid the accountability to which the Federal and state legislatures sought, nursing homes are simply seeking to have clients waive their legal entitlements set forth by the very legislation intended to protect them. In my practice, I have recently had several reports and seen numerous attempts by long term facilities to have new patients execute forms which purport to force claims of abuse or neglect to an arbitration process, or in some cases, seek to entirely release facilities from any potential claim. While the validity of such releases or arbitration mandates have yet to be substantially challenged or contested by the way of case law, their effect to intimidate or at least slow the wheels of justice cannot in honest spirit be discounted.

New patients and their families (including those holding power of attorney or guardianship), must be extremely cautious when executing or approving the execution of documents. All documents should be carefully reviewed, and when necessary, nursing homes or their executive administrators should be questioned about their intent and purpose. No facility or ownership entity can justify a peremptory release of legal rights or even a mandate for arbitration. In either case, patients and their families should question the motive of the documents, and without legal consult, should not execute any documents which purport to restrict a patients legal recourse. Facilities that provide appropriate care should not fear the responsibility and accountability recent consumer protection laws set forth; rather, facilities providing quality care should simply view these laws as a validation or written memorial of the quality assurance process they already have in place.

Continue reading "INDIANA NURSING HOMES ATTEMPTING TO MAKE PATIENTS WAIVE THEIR LEGAL RIGHTS RELATED TO ABUSE OR NEGLECT" »

In early December, 2008, a group of teenagers working at a Minnesota nursing home (two of which are pictured below), were charged with allegations of abuse and sexually humiliation of elderly residents, many of which were suffering from dementia or other mental disorders. Prosecutors contend that six young females were involved in the despicable activity and were named in criminal complaints filed December 1st charging them with cruel behavior at the Good Samaritan Society nursing home, which is located in Albert Lea, Minnesota.

Only two of the girls charged are identified by name as they were not minors at the time the abuse was alleged to have occurred. Brianna Broitzman, 19 (pictured above left), and Ashton Larson, 18 (above right), were two of six alleged to have spat upon, spanked, improperly touched, and tormented residents earlier this year. According to prosecutors, Broitzman allegedly poked one resident's breasts, spit into the mouth of another elderly person, and "put her bare butt" in the face of a resident. Larson was alleged to have once "inserted her finger into a resident's rectum," spit water on another "vulnerable adult," and would deliberately bathe a resident in a rough manner so the elderly man would get an erection. The 4 minors were identified in the complaints by their initials and dates of birth. Broitzman alone was charged with 11 criminal counts, and Larson was charged with 10 counts. Each face up to a year in jail for each count.

Continue reading "NURSING HOME ABUSE AND NEGLECT PLACES MINNESOTA TEENS IN HOT WATER" »

A new Department of Health and Human Services' five-star system for rating nursing homes has placed all six Grant County Indiana nursing home facilities amongst the worse in the country. All six facilities, including Colonial Oaks Health Care Center in Marion, Miller’s Merry Manor in Marion, Park Villa in Marion, Twin City Health Care in Gas City, University Nursing Center in Upland and Wesleyan Health Care Center in Marion received the lowest possible rating, one star.

All six Grant County nursing homes were ranked below average on their composite score which is based on local health inspections, staffing and quality measures. In looking to the details of the ratings, University Nursing Center in Upland lead the six Grant County facilities with a score of 232. While leading the Grant County, University Nursing Center was nicked for environmental concerns which, according to their administrators, was likely due to the aging of their facility.

The lowest score amongst the Grant county facilities was garnered by Twin City Health Care. Although showing some moderate improvements, the facility administrators apparently blamed the evaluation process for their poor results. A spokeswoman for the facility, Mandel, noted that she was critical of the way the state composes the report cards, noting that it’s too focused on paperwork and ignores the quality of resident care. Local media reports quoted her saying, “I’d rather have hands-on care than documentation,” she said. Overall, Mandel said, she thought the Twin City staff was doing well. She believes administrators are listening to feedback and will continue to improve their facility.

The following is the comprehensive scoring for the six Grant County Indiana facilities (the higher the score.....the worse the rating). The Indiana State Average was 194:

University Nursing Center: 232
Miller’s Merry Manor, Marion: 246
Colonial Oaks Health Care Center: 278
Park Villa: 344
Wesleyan Health Care Center: 397
Twin City Health Care: 729

Continue reading "GRANT COUNTY INDIANA NURSING HOME FACILITIES DINGED ON NEW FEDERAL FIVE STAR RATING SYSTEM" »

In a letter to the Editor of the Indianapolis Star Newspaper, President and CEO of the Indiana Association of Homes and Services for the Aging, Jim Leich, wrote the following retort to a January 6, 2009, article titled, "Indiana nursing homes rated among worst.

Amongst other things, the article attempted to counter the very poor ratings his organization and several Indiana Nursing homes received under the CMS new five-star rating system. According to Federal Government officials, the system was put into place to create accountability for the facilities and help end consumers make good choices in the homes they choose for their family of loved ones:

Continue reading "PRESIDENT AND CEO OF INDIANA ASSOCIATION OF HOMES AND SERVICES FOR THE AGING REBUTS THE NEW CMS FIVE STAR RATING SYSTEM" »

The last time a smoking-ban bill was introduced in Indiana, the measure did not even make it out of a legislative committee.

This may be in part due to Indiana's number 6 rating as the highest adult smoking state in the country. Thirty states across the country have now enacted a version of smoke-free provisions. Despite Indiana's holdout, supporters of a smoking ban believe the current economic and social environment may make the issue ripe for passage of a bill.

Currently, several cities throughout the State have enacted their own varying smoking bans. But critics say that prohibiting smoking in private enterprises infringes on individual rights. Numerous hospitality sectors of the economy are anticipated to put up a big fight, including the casino, bar and restaurant industries.

Continue reading "INDIANA MAY RECONSIDER STATEWIDE SMOKING BAN" »

Recent data released by the Centers for Medicare & Medicaid Services indicate that Indiana Nursing Homes now rate among the 10 worst in the nation. Under the CMS' new ranking system, nearly 28 percent of the state's nursing homes received a one star rating, which is CMS' worst rating under their five star system. Only six states had a higher percentage of substandard nursing homes.

According to the CMS website, the Five-Star Quality Rating System was created to help consumers, their families, and caregivers compare nursing homes more easily and help identify areas about which you may want to ask questions. This rating system is based on continued efforts to improve nursing home care as a result of the Omnibus Reconciliation Act of 1987 (OBRA '87), a nursing home reform law, and more recent quality improvement campaigns such as the Advancing Excellence in America’s Nursing Homes, a coalition of consumers, health care providers, and nursing home professionals.

Nursing home ratings are taken from the following three sources of data:

Health Inspections
Staffing
Quality Measures

More stars are better.

***** Much Above Avg.
**** Above Avg.
*** Average
** Below Avg.
* Much Below Avg.

Continue reading "INDIANA NURSING HOMES AMONGST THE WORSE IN THE COUNTRY IN STAFFING AND SUBSTANDARD CARE" »

Placing your loved one in a reputable long-term care facility is just the first step in ensuring they are well cared for. Regardless of complaints or sanctions found during state and federal inspections (be they few or many), residential facilities are often understaffed. This fact in concert with the advanced needs of elder patients can create a worrisome environment. As an advocate for your loved one, you've got federal (and sometimes state) law on your side to insist that your relative or friend gets the quality of care they deserve. The Code of Federal Regulations (CFR) and your state law contain many protections.

The following are just a sample from the Code of Federal Regulations:

• Care Plans
Each nursing home resident is entitled to a personalized "care plan," that addresses their respective medical and safety needs. This plan must have an anticipated goal of ensuring a resident/patient maintains their highest practicable physical, mental and psychosocial well being. Federal law requires that facilities do a full assessment of a resident's condition within 14 days of admission, and at least every 12 months thereafter. A care plan should include measurable objectives and timetables.

• Visiting Hours
In my experience with friends or family members that have loved ones in nursing homes, it is not at all uncommon for facilities to put forth the idea that Family can only visit during visiting hours. Not only is this mendacious, Federal legislation actually specifically prohibits such rules. 42 CFR 483.10(j) allows immediate family the right to visit at any time. In fact, we often advise clients to visit during off-hours so that they can perceive their loved one's environment when staff members aren't expecting visitors.

• Skilled Care or Rehabilitation Services
In the past, we have had clients tell us that their parents' nursing home facility has terminated skilled care or rehab services because their Mom or Dad weren't making progress. Again, however, this is contrary to federal and often times, state law. Assuming that the resident would benefit from such services, a facility is charged with trying to maintain their condition regardless of progress. All facilities are required to make sure that a person's ability to carry out activities of daily living doesn't deteriorate. The only exception would be if the individual's medical condition deteriorates to such an extent that termination of the activity is in their better interest.

Continue reading "FEDERAL AND INDIANA NURSING HOME LAWS PLACE POWER IN THE HANDS OF FAMILY MEMBERS" »

Under a new proposal the Indiana Family and Social Services Administration plans to pursue in 2009, nursing homes scoring higher on their State and Federal inspections would be rewarded with higher Medicaid payments while those that don't could suffer cuts. The Indiana FSSA disputes that this is just a cost-saving measure noting that they would have pushed for this proposal regardless of the economic condition. To effect the plan, however, the FSSA must have the policy established through a rule-making process that requires a public hearing and economic evaluations. That will likely take about six months. Despite this, the discussion could be usurped by lawmakers, who are expected to have several bills dealing with nursing home reimbursements and inspections when they return to the Statehouse later this month.

Proposed changes face objection by the Indiana Health Care Association

The Indiana Health Care Association is a group that, among other things, serves as a lobbying mechanism for Indiana nursing homes. The Association has cited a number of objections and proposed changes to the FSSA proposal. Local media reported the association's president, Stephen Smith, as saying "[w]e completely agree with the intent [of the FSSA proposal]". "But we think there's more discussion to be had about the actual approach." The proposal is part of a larger plan by FSSA to adjust to weakening state revenue and put more recipients into plans that manage health costs so that more spending is matched by Federal dollars.

Continue reading "NEW INDIANA PROPOSAL WOULD CUT FUNDING FOR NURSING HOMES THAT SCORE POORLY ON STATE INSPECTIONS" »

An Indiana Nursing home resident, Rodney Kenney, died after catching fire while sitting in his wheelchair at Regency Place, a Dyer, Indiana, Lake County, nursing home. Rodney Kenney, 72, died at a Chicago hospital where he was treated for burns. State Inspectors say the Alzheimer's patient was severely burned when his clothing caught fire as he sat in a wheel chair. Authorities say they found a cigarette lighter near Kenney, but that he was not a smoker. In fact, state law prohibits smoking in nursing homes and patients are not allowed to possess smoking materials.

Continue reading "INDIANA NURSING HOME RESIDENT DIES AFTER CATCHING FIRE IN WHEELCHAIR" »

The CMS and HHS have developed a new Five-Star Rating system that evaluates Nursing Home care.

According to the CMS website, the Five-Star Quality Rating System was created to help consumers, their families, and caregivers compare nursing homes more easily and help identify areas about which you may want to ask questions. This rating system is based on continued efforts as a result of the Omnibus Reconciliation Act of 1987 (OBRA '87), a nursing home reform law, and more recent quality improvement campaigns such as the Advancing Excellence in America’s Nursing Homes, a coalition of consumers, health care providers, and nursing home professionals.

Nursing home ratings are taken from the following three sources of data:

Health Inspections
Staffing
Quality Measures

More stars are better.

***** Much Above Avg.
**** Above Avg.
*** Average
** Below Avg.
* Much Below Avg.

Currently, 509 Indiana Nursing Homes have been evaluated under the system and can be evlaluated on the CMS Website.

Continue reading "CMS ISSUES NEW FIVE STAR RATING TO ASSIST FAMILIES IN FINDING QUALITY NURSING HOMES AND REDUCE NEGLECT" »

The federal government through the CMS (The Centers for Medicare & Medicaid Services) has placed hundreds of nursing homes on a list of long-term care facilities that it wants to improve systemic issues or face expulsion from the Medicaid program.

The watch list is intended to heighten efforts to bring more attention to quality deficiencies at long-term care or nursing home facilities identified on this "special focus facility," or SFF, list.

Indiana Nursing Home Watch List

National Watch List

National Nursing Home Registry

Continue reading "THE FEDERAL GOVERNMENT PLACES INDIANA NURSING HOMES ON THEIR WATCH LIST" »