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August 31 - Newsblog #1
Your Injury Attorneys in the News: Homeowner and Wife Sue over Police Shooting
September 7 - Newsblog #2
Your Injury Attorneys in the News: Homeowner’s Possession of Handgun Legal Under 2nd Amendment
September 14 - Newsblog #3
Your Injury Attorneys in the News: if a Government or Government Agency is at Fault, You Can Sue
September 21 - Newsblog #4
Your Injury Attorneys in the News: Lawsuit Against Police Department Invokes the Civil Rights Act
September 28 - Newsblog #5
Your Injury Attorneys in the News: a Clear Line from the Action – or Inaction – to the Injury
October 12 - Newsblog #6
Your Injury Attorneys in the News: Police Insensitivity Turns Traffic Stop into a Travesty
October 19 - Newsblog #7
Your Injury Attorneys in the News: Police Who Abuse Power Must Be Held Accountable, Law Professor States
October 26 - Newsblog #8
Your Injury Attorneys in the News: Holding Overly Aggressive Police Accountable
November 2 - Newsblog #9
Your Injury Attorneys in the News: Brown Vs. Impd Case About Much More Than Punishment or Money
November 9 - Newsblog #10
Your Injury Attorneys in the News: Improper Medical Diagnosis and Care Resulted in Loss of an Eye
November 16 - Newsblog #11
Your Injury Attorneys in the News: Medical Malpractice Claims Have a Front End and a Back End
November 30 - Newsblog #12
Your Injury Attorneys in the News: Truths About Medical Malpractice
December 7 - Newsblog #13
Your Injury Attorneys in the News: Yes, You Can Sue City Hall
December 14 - Newsblog #14
Your Injury Attorneys in the News: Slip and Fall Changes Two Lives Forever
December 28 - Newsblog #15
In the News: Ramey & Hailey Year in Review
January 4 - Newsblog #16
In the News: Teen’s Sexual Abuse Case Calls Attention to the Problem
January 11 - Newsblog #17
In the News: Parents of Survivor Sue Parents of Shooter
January 18 - Newsblog #18
In the News: Erin Brockovich Teams Up with Indiana Moms
January 25 - Newsblog #19
Your Injury Attorneys in the News: Case Settled in Favor of Catastrophic Slip and Fall Injury Victim
January 31 - Newsblog #20
In the News: Wrongful Death Lawsuit Filed Against Rehab Facility
February 8 - Newsblog #21
In the News: Nurse Arrested in Sexual Abuse Case
February 15 - Newsblog #22
In the News: Running the Clock on Indiana Medical Malpractice
February 22 - Newsblog #23
In the News: to Repeal or Not to Repeal – Indiana Legislators Rule “not”
March 1 - Newsblog #24
In the News: Helping Physicians Keep Helping
March 8 - Newsblog #25
In the News: Parents of Brain-damaged Infant Sue Hospital
March 15 - Newsblog #26
In the News: Owner of Gun Wins Decision
March 22 - Newsblog #27
In the News: Indiana House Passes Long Term Care Protections Bill
April 5 - Newsblog #28
In the News: Slip-and-fall Victim Wins Right to Sue Dollar Tree
April 12 - Newsblog #29
In the News: Inspection Report Shows Vets Harmed at 52 Nursing Homes
April 19 - Newsblog #30
In the News: Sandwich Diversion Causes Fatal Two-semitrailer Crash
April 26 - Newsblog #31
In the News: Does Premises Liability Cover Goose Attacks?
May 10 - Newsblog #32
Two-week-old N.y. Verdict Offers Takeaways for Slip and Fall Victims
May 17 - Newsblog #33
In the News: Barrel Blast Triggers Wrongful Death Lawsuit
May 24 - Newsblog #34
In the News: when a Product Manufacturer is Not at Fault
May 31 - Newsblog #35
In the News – College Doc’s Sexual Abuse of Students Coming to Light
June 7 - Newsblog #36
In the News – One Week, Four Motorcycle Accidents
June 14 - Newsblog #37
List of Troubled Nursing Homes Released
June 21 - Newsblog #38
In the News: Kansas No-caps Ruling Changes Personal Injury Climate
June 28 - Newsblog #39
In the News: Jury Awards $10.5 Million for Pain and Suffering in Birth Injury Case
July 5 - Newsblog #40
In the News: More Indicted in Last Year’s Duck Boat Tragedy
July 17 - Newsblog #41
In the News: Richard Hailey on Litigation Team for Lawsuit Vs. Tesla
July 24 - Newsblog #42
In the News: Malpractice Lawsuit Yields Largest Award in History
August 28 - Newsblog #43
In the News: Trucks V. Passenger Cars – Score 18:116. Everybody Loses


Gavel and stethoscope in background. Medical laws and legal concept.

To win any lawsuit for negligence, you must prove five “elements”, findlaw.com explains:

  1. Duty: Did the defendant (the medical provider) have a duty to act in a certain manner towards the plaintiff (the patient)?

  2. Breach of duty: Did the medical provider breach that duty by failing to exercise reasonable care?

  3. Cause in Fact: Were the medical provider’s actions the actual cause of the injury?  In other words, had it not   been for the defendant’s actions, would the injury have occurred?

  4. Proximate cause: Could the medical provider have foreseen harm coming through his or her actions?

  5. Damages: Did the failure to exercise reasonable care result in actual damages to the patient (to whom the provider owed a duty of care)?

In the state of Indiana, as is true in several other states, medical expert witnesses must be called in on the elements that affect causation. An expert witness is usually a physician, surgeon, nurse or other licensed practitioner who has knowledge about the applicable standards of care. In a medical malpractice case, a patient (or survivors of a patient) is accusing a healthcare provider of failing to use the degree of care and skill that a reasonably careful, skillful, and prudent provider would have used under the same or similar circumstances,.

Medical malpractice lawsuits are often lengthy in addition to being complex, and it is important to work with a personal injury attorney who is experienced in handling this type of case.  Cases brought under the Indiana Medical Malpractice Act are subject to two special rules:

Statute of Limitations

Victims generally must bring any action within two years of the negligent act or omission. This statute of limitations may be hard to define in cases where the fact of the negligence was not discovered until months or even years after the negligence occurred, so it is essential to contact an attorney as soon as you become aware of negligence by a healthcare provider.

Plaintiff-Claimant Negligence

If a patient was at all negligent (not providing accurate information or following doctor’s orders), and that contributed to the injuries, the patient may not be able to recover against the provider (the doctor, nurse or other healthcare professional who breaches the standard of care and causes injury to the patient).

In addition to those two rules, in the State of Indiana, if you’re suing for more than $15,000, the complaint must first be submitted to a medical malpractice review panel before it can proceed to court.

After forty years of handling medical malpractice cases in Indiana, we at Ramey & Hailey have come to believe that medical malpractice is one of the saddest categories of the law, because it involves injury and suffering that happened when what was hoped for was – help and healing.

For that reason, medical malpractice is an intensely personal and deeply emotional area of the law. Our mission is helping the injured attain the compensation they deserve and ensure that the suffering is not repeated on other victims.

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