June 2011 News
Indiana Supreme Court agrees with Eichhorn & Eichhorn, LLP that Indiana Medical Malpractice Act limits fees and expenses recoverable in wrongful death cases
David Jensen and Robert Feldt represented a medical group in its appeal of a medical malpractice case to the Indiana Supreme Court. At dispute is whether attorney's fees and litigation expenses are recoverable damages under Indiana's Adult Wrongful Death Statute. The parties first appealed to the Indiana Court of Appeals. The Indiana Supreme Court later granted transfer and set the matter for oral arguments. The oral arguments were combined with another Indiana case in which the Indiana Department of Insurance was a party. Counsel for the parties in both cases presented oral arguments to the Justices on the issue. The oral arguments can be viewed by clicking here.
The Indiana Supreme Court held that attorney's fees and litigation expenses are recoverable in wrongful death cases, but also agreed with Eichhorn & Eichhorn, LLP's argument that the caps on damages in Indiana's Medical Malpractice Act limit the total amount plaintiffs can recover.
David and Robert work in the firm’s Hammond office and can be reached at (219) 931-0560, or by email at djensen@eichhorn-law.com or rfeldt@eichhorn-law.com.
Links:
Indiana Supreme Court's opinion