Indiana Medical Malpractice Lawyer Blog

Indiana medical malpractice lawyers argue before Indiana Supreme Court

2009-11-18T20:57:20Z

The Indiana medical malpractice lawyers of Garau Germano Hanley & Pennington, P.C.recently argued an important case before the Indiana Supreme Court. The issue raised in the case is whether family members who witness the death or injury of their loved one as a result of medical malpractice may recover for their emotional distress under Indiana's Medical Malpractice Act.

The case presented to the supreme court is Indiana Patient's Compensation Fund v. Gary Patrick. In the case, Gary Patrick watched as his son died before his eyes as a result of medical malpractice. Mr. Patrick was represented by Garau Germano Hanley & Pennington, P.C. in the trial court and was awarded $600,000 for his emotional distress claim. In addition, Mr. Patrick was awarded $316,531.66 on a separate claim under Indiana's Adult Wrongful Death Statute, the maximum award permitted under that statute.

The Indiana Patient's Compensation Fund appealed the trial court's judgment, arguing that Mr. Patrick was not permitted to recover for his emotional distress damages under the malpractice act. The Indiana Court of Appeals affirmed the trial court's judgment. The supreme court then agreed to take the case and heard arguments from the lawyers on November 12, 2009. The complete argument before the supreme court may be viewed on the player below.

The supreme court is expected to issue its decision within the next few months.

If you or a loved one has a potential medical malpractice case, contact the Indiana medical malpractice attorneys at Garau Germano Hanley & Pennington, P.C. for a free consultation.

Indiana Medical Malpractice Lawyers know tort reform doesn't lower medical costs

2009-10-27T21:11:53Z

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.

Indiana medical malpractice lawyers to argue before Indiana Supreme Court

2009-10-14T11:45:04Z

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.

Indiana medical malpractice and delayed diagnosis of breast cancer: Sooner is better

2009-10-13T14:32:00Z

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.

Indiana Medical Malpractice Lawyers deal with VBAC injuries

2009-09-14T18:05:24Z

The Indiana medical malpractice lawyers at Garau Germano Hanley & Pennington, P.C. represent many patients who have sustained injuries during labor and delivery. One setting in which these injuries frequently occur is in vaginal birth after cesarean section, or, as it is more commonly known, VBAC.

The major risk of VBAC is uterine rupture. The uterus is more susceptible to rupture during a VBAC delivery due to the incision made in the uterus at the earlier cesarean delivery. Once a uterine rupture occurs, delivery must be completed in a very short time to avoid significant brain injury or death to the child.

Because of the increased risk of uterine rupture, doctors with patients attempting VBAC must be especially careful in preparing for and performing the delivery. Prostaglandins, which are used to induce labor, should not be used in VBAC deliveries as they increase the risk of uterine rupture. Similarly, drugs used to increase maternal contractions such as Pitocin create a significantly increased risk of uterine rupture in VBAC deliveries. Because of the increased risk and catastrophic consequences of uterine rupture, the American College of Obstetricians and Gynecologists has recommended that VBAC deliveries only be performed in insitutions capable of having physicians immediately available to provide emergency care.

The Indiana medical malpractice lawyers at Garau Germano Hanley & Pennington, P.C. have substantial experience in handling cases involving VBAC and all other areas of obstetrics. If you or a loved one has suffered such an injury, please contact us for a free consultation.

Indiana Medical Malpractice and heart attacks: Late treatment can lead to death

2009-08-24T12:49:54Z

Heart disease is the leading cause of death for both men and women in the United States. Unfortunately, many of these deaths are the result of doctors failing to promptly diagnose and treat patients experiencing a heart attack.

A study in the prestigious New England Journal of Medicine looked at 10,000 patients who went to their hospital Emergency Departments with chest pain or other heart attack symptoms. The study found that one of every 50 people who had suffered a heart attack was misdiagnosed and discharged from the hospital to home. Younger women experiencing heart attacks were especially likely to be misdiagnosed. Women younger than 55 were seven times more likely to be misdiagnosed than men of the same age. The consequences of these misdiagnoses were huge. Patients sent away from the hospital were twice as likely to die.

The reasons for misdiagnoses vary. Frequently, patients with heart attacks do not present with the "classic" symptoms. This is often the case with women experiencing a heart attack.

The Indiana medical malpractice lawyers at Garau Germano Hanley & Pennington, P.C. have represented numerous Indiana patients who have been injured as a result of the misdiagnosis or delayed treatment of a heart attack. If you or a loved one needs legal representation with such a case, please feel free to contact us.

Indiana medical malpractice and informed consent -- The patient gets to decide

2009-07-24T19:53:27Z

The current health care debate has raised many questions about the decisions made by Indiana doctors in treating their patients. Lost in the discussion is the fact that, by law in Indiana, the right to make treatment decisions lies with the patient.
Indiana Code Sec. 34-18-13-3 requires Indiana physicians to obtain their patient's "informed consent" before any "treatment, procedure test, or examination" is performed by the physician. In order to obtain informed consent, the doctor must advise the patient of:
(1) The general nature of the patient's condition.
(2) The proposed treatment, procedure, examination, or test.
(3) The expected outcome of the treatment, procedure, examination, or test.
(4) The material risks of the treatment, procedure, examination, or test.
(5) The reasonable alternatives to the treatment, procedure, examination, or test.
If a doctor treats a patient without obtaining the patient's informed consent to the treatment and the patient is injured, the patient may have a malpractice claim against the doctor. The situation frequently arises when doctors fail to tell their patients of risks of or alternatives to proposed surgery.
The attorneys at Garau Germano Hanley & Pennington, P.C. have a wealth of experience in dealing with Indiana malpractice claims involving issues of informed consent. If you or a loved one has been injured by malpractice, please feel free to contact us.

Limiting Indiana medical malpractice rights won't lower health care costs

2009-06-25T18:27:12Z

As the debate over national health care has intensified, some have proposed limiting the rights of victims of medical malpractice as a way to lower health care costs. Such proposals are designed to protect negligent health care providers, and have little or no impact on health care costs.
Leading economists have recognized that the impact of medical malpractice judgments and settlements amounts to a "drop in the bucket" in the context of the $2.3 trillion spent annually on health care in the United States. The reality is that the entire cost of medical malpractice lawsuits -- including legal fees, insurance costs and payouts -- totals less than one half of one percent of health care spending. Obviously, limiting patient's rights to recover for injuries caused by malpractice has little to do with containing health care costs and everything to do with protecting negligent physicians.
The Indiana medical malpractice attorneys at Garau Germano Hanley & Pennington, P.C. oppose the current efforts to restrict injured patients' right to justice. Allowing health care providers to escape responsibility for their negligence will not lower health costs.

Indiana medical malpractice victims win at Court of Appeals

2009-05-25T17:49:12Z

Indiana medical malpractice victims have won a major victory in the Indiana Court of Appeals. In its decision in Patrick v. Indiana Patient's Compensation Fund, the court held that family members who witness the death of a loved one may recover for their emotional distress under the Indiana Medical Malpractice Act.
In the Patrick case, Gary Patrick witnessed the gruesome 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 court of appeals disagreed, finding that "Patrick could bring an independent claim for negligent infliction of his emotional distress upon Christopher's death."
Gary Patrick was represented in the trial court and on appeal by Deborah Pennington and Jerry Garau of Garau Germano Hanley & Pennington, P.C.

Most Indiana Medical Malpractice committed by same physicians

2009-04-24T13:36:43Z

Indiana patients are injured every day as a result of medical errors by Indiana physicians. Unfortunately, the vast majority of these errors are committed by a relatively small number of physicians.

A 2002 study by the consumer group Public Citizen revealed that approximately 5 percent of the nation's doctors were responsible for more than 50 percent of the country's medical malpractice. The study looked at figures from the National Practitioner Data Bank, which collects and maintains information about malpractice verdicts and settlements from across the United States. The study found that 4.8 percent of doctors in the United States were responsible for 51.1 percent of all the reports made to the Data Bank. Those doctors paid out nearly $21 billion in damages, more than 53 percent of the total damages paid during the period analyzed by the study.

The Public Citizen study is consistent with what Garau Germano Hanley & Pennington, P.C. has seen in its practice. Our firm is currently handling multiple cases involving an Indiana doctor who has had more than 30 malpractice claims made against him since 1986. Unfortunately, the medical profession has never taken any steps to remove this doctor from practice. As long as the medical profession refuses to police its own, lawsuits will be necessary to hold physicians accountable for preventable errors.

Medical errors in diagnosing appendicitis can be fatal

2009-04-10T14:17:57Z

Indiana doctors' errors in the diagnosis of appendicitis can lead to severe injury or death. Appendicitis is the most common cause of emergency surgery for children. Unfortunately, appendicitis is also one of the conditions in children most commonly misdiagnosed by doctors.

The classic signs of acute appendicitis are anorexia, periumbilical pain followed by right lower quadrant pain, fever, and vomiting. However, all of these signs are present in less than 60% of patients who present with appendicitis. Child patients, in particular, rarely present with the classic signs. Because patients with appendicitis can present with widely varying signs and symptoms, physicians must be suspicious of appendicitis in any patient who presents with abdominal pain or discomfort.

Failure to diagnose and treat appendicitis early can lead to perforation of the appendix, an event which can be especially catastrophic for the child patient. When perforation occurs, bacteria is released into the abdominal cavity which can cause peritonitis and, eventually, death.

The Indianapolis medical malpractice law firm of Garau Germano Hanley & Pennington, P.C., has substantial experience handling cases involving misdiagnosis of appendicitis and other conditions. If you or a loved one has been injured as a result of medical malpractice, please contact us for a free evaluation of your claim.

Medication Errors in Indiana Result in Injuries, Deaths

2009-03-17T18:16:14Z

Indiana residents are injured and killed every year as a result of prescription medication errors. Indiana's experience is mirrored on a national level. A 2006 report from the National Academy of Science's Institute fo Medicine estimated that 1.5 million people every year are harmed by medication errors in the United States. The issue received national attention in late 2007 when actor Dennis Quaid's newborn twins received accidental overdoses of a blood-thinning drug.

Accidental overdose is one of the more common medication errors. For example, a patient who is supposed to receive .5 milligrams of a drug instead receives 5 milligrams because the person administering the drug does not see the decimal point. These errors can also result from faulty labeling of the drug by the drug's manufacturer. Medication errors also occur when the prescribing physician fails to take into account possible interactions between the drug being prescribed and medications the patient is already receiving.

The law firm of Garau Germano Hanley & Pennington, P.C., has handled claims involving medication errors for patients throughout the state of Indiana. If you or a loved one has been injured as a result of a medication error, please contact us.

Indiana Medical Malpractice Cases Are Tough to Win

2009-03-02T15:19:08Z

Patients pursuing medical malpractice claims in Indiana and elsewhere face long odds of winning at trial. According to the U.S. Department of Justice's Bureau of Justice Statistics, patients won only 22.7% of all medical malpractice cases tried in the United States in 2005. In contrast, plaintiffs won 56% of all general civil litigation trials in the same period. (This would include claims from automobile accidents, animal attacks, premises claims, etc.)

What accounts for this low win percentage in medical malpractice cases? One factor is that the strongest medical malpractice cases usually don't go to trial. Those cases are typically settled before trial. Because the malpractice insurers control the purse strings, they control which cases go to trial and which cases settle. Naturally, they choose to take to trial the cases which they believe they have the best chance of winning.

Another factor is that juries are reluctant to believe that doctors or hospitals make mistakes. Doctors continue to rank among America's most admired professionals. Additionally, because jurors depend on physicians for their own health care, they often choose not to accept the notion that their health is in the hands of someone who is fallible.

Because of the difficulties in winning medical malpractice claims, the selection of a lawyer to pursue the claim is vitally important. The attorneys at Garau Germano Hanley & Pennington, P.C. have the experience and skill necessary to beat the odds in medical malpractice cases.

Does Indiana's Medical Malpractice Act Cover Claims for Emotional Distress?

2009-02-27T22:01:54Z

Medical errors can often cause severe physical injuries. However, the physical toll caused by medical malpractice is often exceeded by the emotional toll. In Indiana, lawyers for health care providers and their insurers are currently arguing that doctors and hospitals should be immune from claims for emotional distress resulting from medical malpractice. Our law firm, Garau Germano Hanley & Pennington, P.C., is fighting to protect patients' rights to recover for their emotional injuries.

The battle is being waged in a case before the Indiana Court of Appeals. The case is Patrick v. Indiana Patient's Compensation Fund. In January of 2002, Gary Patrick's son Christopher, was injured in car accident. Christopher was discharged from the hospital shortly after the accident despite continued complaints of pain and a tremendous amount of abdominal swelling. Hours after Gary took his son home, Gary heard his son cry out from his bedroom. Gary ran to the room to find his son vomiting blood as a result of internal injuries that were undiagnosed at the hospital. Gary watched as his son died before his eyes.

Our law firm pursued Gary's claim against the Indiana Patient's Compensation Fund. Under Indiana law, the maximum amount that can be recovered for the death of an adult who leaves behind no dependents is $300,000 (Ind.Code 34-23-1-2). We argued that in addition to the claim for his son's death, Gary also had a separate claim for the emotional distress he experienced as a result of witnessing his son's death. After a trial in Indianapolis, the trial court agreed and awarded Gary the maximum of $300,000 for the death of his son, $16,531.66 for medical and funeral expenses, and an additional $600,000 for Gary's separate emotional distress claim.

On appeal, the Patient's Compensation Fund is arguing that Gary cannot bring a separate claim for his emotional distress. The Fund contends that such claims are not recoverable under the Indiana Medical Malpractice Act because they are not claims for "bodily injury or death."

The Indiana Court of Appeals will hear oral argument on this case at 3 p.m. on March 3, 2009. The oral argument will take place at Baxter Hall on the campus of Wabash College in Crawfordsville. Jerry Garau of Garau Germano Hanley & Pennington, P.C. will argue for Mr. Patrick.

Indiana medical errors and the Duragesic patch -- A deadly combination

2009-01-30T14:35:48Z

Indiana doctors are increasingly prescribing the Duragesic patch for pain relief. Unfortunately, these physicians often prescribe the patch without paying heed to the warnings that accompany this potent medication. Those mistakes can lead to death for the patient.

The Duragesic patch adheres to the patient's skin and delivers a drug called fentanyl through the skin to relieve a patient's pain. Fentanyl is a synthetic opiate which is far more powerful than morphine. The patch remains on the patient for up to 3 days, with fentanyl being transmitted through the skin to the patient for the entire time that the patch is worn.

Because fentanyl is such a powerful drug, doctors must be very careful in prescribing the Duragesic patch. The patch should only be used in patients whose pain cannot be controlled by less potent drugs; who are already receiving and tolerant to opiates such as morphine or oxycodone; and who can be carefully monitored while the patch is initially applied. Additionally, when patients are first started on the Duragesic patch, they should be prescribed the lowest strength patch available.

Failure to properly prescribe the Duragesic patch can lead to fatal outcomes. One of the primary complications of the Duragesic patch is respiratory depression. Respiratory depression can lead to death, and a number of deaths have been reported for patients using the Duragesic patch. Some of these deaths have been linked to defects in the manufacture of the Duragesic patch.

The death or serious injury of a patient who has been prescribed the Duragesic patch is obviously a tragedy. Unfortunately, it is frequently a tragedy that could have been avoided. An experienced malpractice attorney can help determine whether medical negligence played a role in such deaths.