Indiana Medical Malpractice Lawyer Blog

Indiana medical malpractice lawyers have heard the arguments in the ongoing healthcare debate: If you limit what injured patients can recover in malpractice suits, you will lower health care costs. The problem with the argument is it's just not true.

For more than 30 years, Indiana has had tort reform in the area of medical malpractice. In fact, Indiana has one of the most stringent medical malpractice laws in the nation. Indiana patient's injured as a result of a doctor's negligence are limited to a maximum award of $1.25 million. Even if the doctor's negligence has caused the patient to incur medical bills and suffer lost wages far in excess of that figure, the patient's recovery is capped at $1.25 million. When the malpractice act was first enacted in 1975, the cap was only $500,000. From 1990 through 1999, the cap was $750,000.

Despite these strict caps, the cost of health care in Indiana has risen at a rate faster than the national average during the period of time that the caps have been in place. Clearly, limiting patient's rights to recover for their injuries has had little or no impact on the cost of health care in Indiana.

The Indiana medical malpractice lawyers at Garau Germano Hanley & Pennington, P.C. are fighting to protect patients' rights to recover for injuries suffered at the hands of negligent healthcare providers. If you have a medical malpractice case you would like to discuss, contact us for a free consultation.

A major issue in Indiana medical malpractice law will be presented to the Indiana Supreme Court on November 12. On that date, the court will hear arguments in the case of Indiana Patient's Compensation Fund v. Patrick. Among the issues presented by the case is the question of whether emotional distress claims may be pursued under the Indiana Medical Malpractice Act.

In the Patrick case, Gary Patrick witnessed the death of his adult son, Christopher, as a result of medical malpractice. Because Christopher had no wife or dependent children, recovery for his death was limited under Indiana law to $300,000 plus funeral and burial and medical expenses. However, Gary contended that he was entitled to bring a claim for his own emotional distress in addition to the claim for the death of his son. The trial court agreed and awarded Gary the maximum amount allowable for the death of his son, plus an additional $600,000 for Gary's independent emotional distress claim. The total judgment was $916,531.66. The Indiana Patient's Compensation Fund appealed, arguing that the emotional distress claim could not be pursued under Indiana's Medical Malpractice Act. The trial court's ruling was affirmed by the court of appeals and the supreme court has now agreed to hear the case.

If the Fund's argument is accepted by the supreme court, it will effectively give doctors immunity for a number of claims. Indiana medical malpractice lawyers Garau Germano Hanley & Pennington, P.C. are representing Gary Patrick and will be arguing the case before the supreme court.

The Indiana medical malpractice lawyers at Garau Germano Hanley & Pennington, P.C. remind everyone that October is Breast Cancer Awareness Month. One in every 8 women will have invasive breast cancer during her lifetime. The cause of breast cancer is not fully understood. A number of risk factors are associated with an increased risk for breast cancer including female gender, increasing age, genetic changes (BRCA1 and BRCA2), and personal or family history of breast cancer. Hormone therapy, diet and lifestyle choices may also have some association with increasing the risk for breast cancer.

Earlier diagnosis and better treatment have decreased the number of breast cancer related deaths. The earlier a breast cancer is found, the more treatable it is. Tumor size and whether the cancer has spread are the most important indicators for the patient's survival. For this reason, the American Cancer Society has established screening recommendations for the early diagnosis of breast cancer--before a woman has symptoms:

1. Women over age 40 should have a screening mammogram every year.

2. Women in their 20's and 30's should have a physician breast exam at least every three years. After age 40, women should have a physician breast exam every year.

3. Women at special risk may need earlier or extra screening and should look to their physician for advice. For example, in women at high risk or women with very dense breasts a screening MRI is recommended in addition to the mammogram.

Additionally the American Cancer Society recommends that women start monthly breast self exams at age 20.

Whether you are male or female, if you find a new lump or mass in your breast, it is important to have it checked out by your physician. A new breast lump is the most common presenting sign of breast cancer.

Unacceptable delay in the diagnosis and treatment of breast cancer can occur on account of malpractice. If you or a loved one has been injured as a result of a delayed diagnosis of breast cancer, contact the Indiana medical malpractice lawyers at Garau Germano Hanley & Pennington, P.C. for a free consultation.