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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
February 1 - 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 3 - Newsblog #32
Two-week-old N.y. Verdict Offers Takeaways for Slip and Fall Victims
May 10 - Newsblog #33
In the News: $7.8 Million Construction Injury Settlment Highlights Rash of New Contruction Accidents
May 17 - Newsblog #34
In the News: Barrel Blast Triggers Wrongful Death Lawsuit
May 24 - Newsblog #35
In the News: when a Product Manufacturer is Not at Fault
May 31 - Newsblog #36
In the News – College Doc’s Sexual Abuse of Students Coming to Light
June 7 - Newsblog #37
In the News – One Week, Four Motorcycle Accidents
June 14 - Newsblog #38
List of Troubled Nursing Homes Released
June 21 - Newsblog #39
In the News: Kansas No-caps Ruling Changes Personal Injury Climate
June 28 - Newsblog #40
In the News: Jury Awards $10.5 Million for Pain and Suffering in Birth Injury Case
July 5 - Newsblog #41
In the News: More Indicted in Last Year’s Duck Boat Tragedy
July 17 - Newsblog #42
In the News: Richard Hailey on Litigation Team for Lawsuit Vs. Tesla
July 24 - Newsblog #43
In the News: Malpractice Lawsuit Yields Largest Award in History
August 28 - Newsblog #44
In the News: Trucks V. Passenger Cars – Score 18:116. Everybody Loses
September 25 - Newsblog #45
Yes, Sex Trafficking is Happening in Indiana
October 30 - Newsblog #46
In the News: Product Liability Cases in 2019
November 13 - Newsblog #47
In the News: Arbitration Clauses Allowed in Indiana Nursing Home Contracts
November 27 - Newsblog #48
In the News: $101 Million Birth Injury Settlement Awarded
December 4 - Newsblog #49
In the News: High School Chaplain Suspended on Allegations of Sexual Abuse
December 11 - Newsblog #50
In the News: Franklin, Indiana Continues to Face Toxic Waste Problem
December 18 - Newsblog #51
In the News: Parents of Bus Accident Victim Awarded $20 Million
January 8 - Newsblog #52
In the News: Parents Sue After Daughter’s Brain Damaged in Surgery
January 29 - Newsblog #53
In the News: Trucking Accidents Due to Careless Driving Increase
February 19 - Newsblog #54
Indiana Authorities Buy More Time to Prosecute Child Abusers
February 26 - Newsblog #55
In the News: Teen Brain-injured at Birth Awarded $15.1 Million
March 4 - Newsblog #56
In the News: Did Connecticut School Officials Turn a Deaf Ear to Sexual or Physical Abuse?
March 18 - Newsblog #57
In the News: Facility Held to Blame for Medical Treatment Delivered in a Careless and Negligent Manner
April 1 - Newsblog #58
In the News: Emergency Measures Instituted in Indiana’s Judicial System
April 8 - Newsblog #59
In the News: Medical Malpractice Limits Challenged in California
April 15 - Newsblog #60
In the News: Indiana Supreme Court Issues Five Orders for Legal Proceedings
May 6 - Newsblog #61
In the News: Nursing Homes with Covid-19 Cases Have Been Violating Federal Infection Control Rules for Years
May 13 - Newsblog #62
In the News: Physician Not Negligent in Choosing One Treatment over Another
June 3 - Newsblog #63
In the News: Indiana Undercounting Covid-19 Deaths?
June 17 - Newsblog #64
In the News: Ruling Reverse on Police Shooting – New News, Old Story?
July 8 - Newsblog #65
In the News: What is This Thing Called Qualified Immunity?
July 15 - Newsblog #66
In the News: Sooner or Later for Virus-delayed Jury Trials
July 29 - Newsblog #67
In the News: Truck Driver Sentenced, Another Charged in Fatal Crashes
August 12 - Newsblog #68
In the News: Double-booked Doctors Cause Personal Injury to Patients
August 26 - Newsblog #69
In the News: $4.9m Auto Accident Settlement Teaches Many Lessons
September 2 - Newsblog #70
In the News: Negligence Unmasked at Pennsyvania Trial
September 9 - Newsblog #71
In the News: Double-booked Doctors Cause Personal Injury to Patients
September 27 - Newsblog #72
In the News: Heart Rhythm Drug Poisoned Patient’s Lungs
October 14 - Newsblog #73
In the News: Prisoner Vs. Prison – a Tale of Two Medical Negligence Lawsuits
October 28 - Newsblog #74
In the News: Richard Hailey Serves As Co-counsel in Tragic Texas Medical Malpractice Case
November 4 - Newsblog #75
In the News: Mesothelioma Trials Move Ahead, Pandemic Notwithstanding
November 4 - Newsblog #76
In the News: Richard Hailey Serves As Co-counsel in Tragic Medical Malpractice Case
November 4 - Newsblog #77
In the News: Mesothelioma Trials Move Ahead, Pandemic Notwithstanding
November 18 - Newsblog #78
In the News: Two-year-old Shoots Mom in Tragic Reminder of the Need for Safe Storage of Guns
December 30 - Newsblog #79
In the News: when ‘ghost Guns’ Cause Real Deaths
January 13 - Newsblog #80
In the News: when Police Dogs Cause Personal Injury to the Innocent
January 27 - Newsblog #81
In the News: Old List of Six Proves Very Relevant Today
February 24 - Newsblog #82
In the News: Indiana Nursing Homes Shielded from Covid-19 Liability Suits 

March 10 - Newsblog #83
In the News: Online Hunters out to Halt Child Abuse
March 17 - Newsblog #84
In the News: Toxic Talc Still a Problem
April 14 - Newsblog #85
In the News: Va Hospital Wrongful Death Verdict Increased After-the-fact
April 14 - Newsblog #86
Think You Don’t Need a Doctor After Being Hit by a Car? Think Again!
May 5 - Newsblog #87
In the News: Historic Police Reform and Training Bill Signed into Law
June 2 - Newsblog #88
In the News: Shaquille Kelly Shot by Police in Ft. Wayne
June 9 - Newsblog #89
In the News: Cement Plant to Pay $700k for Spewing Pollutants
June 16 - Newsblog #90
In the News: Estate of Man Killed by Police Sues Indianapolis
July 7 - Newsblog #91
In the News: Vehicular Homicide Result of Impairment and Speed
July 28 - Newsblog #92
In the News: Two Recent Drownings Call Attention to Dangers 

July 28 - Newsblog #93
Driving Phobia Ptsd Can Be Grounds for a Personal Injury Lawsuit
August 4 - Newsblog #94
In the News – Sexual Abuse Claim Ruled Outdated
August 18 - Newsblog #95
In the News – New Study Questions Pollution Levels in Franklin, Indiana
September 1 - Newsblog #96
In the News – Two Corporations Punished for Failure to Warn
September 8 - Newsblog #97
In the News – Tesla Autopilot Investigation Highlights Product Liability Issues
October 27 - Newsblog #98
In the News – Irish Hospital Apologizes to Six Year Old for Medical Injury
November 3 - Newsblog #99
In the News – Nursing Homes Fail to Report Covid-19 Deaths to Osha
November 11 - Newsblog #100
In the News: Bicycle Injuries and Fatalities Hit Home in Indiana
December 15 - Newsblog #101
In the News: Children Killed by Dui – the Wrongest of Wrongful Deaths
December 22 - Newsblog #102
In the News: Parents of Girl Who Drowned Sue City of Princeton
January 5 - Newsblog #103
In the News: 50 Indiana Children Dead of Neglect and Abuse in 2020
January 19 - Newsblog #104
Did Church Protect Pastor, Not Children?
February 16 - Newsblog #105
In the News: $10 Million Verdict in Rv/pedestrian Accident
March 30 - Newsblog #106
In the News: Carmel Priest Suspended for Alleged Child Abuse
April 20 - Newsblog #107
In the News: the Effects of Child Abuse – Way Beyond Blue Water or Pinwheels

Medical Malpractice Newsletter

Deciding Not to Follow a Doctor's Medical Recommendation

Medical malpractice is largely governed by state law and case law precedent. Thus, generalizations must be checked against the applicable state law standards. One commonality, however, among most jurisdictions, is the notion that a patient may sue a health care provider if there was a lack of “informed consent.” In other words, if a patient undergoes a medical procedure and suffers from an unexpected complication, he should consider filing a civil action based on the theory that the procedure’s potential consequences were not fully explained.

Informed Refusal

On the other hand, when a patient refuses medical recommendations and, as a result, suffers injury, he may sue for negligence based on a lack of “informed refusal.” Although there are many jurisdictional distinctions in this area of the law, patients who seek to bring such an action should, at minimum, be aware of some of the basic elements of a claim based on lack of informed consent.

Patients generally have the right to refuse a physician’s medical recommendations, such as specific treatment or home-care instructions. Sometimes they exercise this right and refuse treatment out of reluctance or fear of the recommended care. Whatever the reason, if a patient refuses treatment and the practitioner fails to directly discuss the possible and probable consequences, the patient’s ability to bring a successful malpractice action is increased.

Determining Whether Informed Refusal Was Effective

Patients who wish to bring an action should determine if the informed refusal was effective. They may do this by recalling if the physician explained and documented the following:

  • The recommended treatment, procedure, test, etc.
  • The reasons for the recommendation
  • The risks that may result from refusal

The patient should have been encouraged to discuss such issues and the reasons for refusal. If a patient indicated that he did not really understand the possible consequences of the refusal, the ramifications of refusing treatment should have been further explained until the patient understood. If a physician does not take the time to address these types of concerns, a patient will have a better chance of being successful in such an action for lack of informed refusal.

It should be noted, however, that even when the elements of informed consent are satisfied (and the practitioner had been thorough and diligent) the physician is not necessarily free from liability. Although it may be a weaker argument, the patient may still assert that he would have acted differently had the practitioner more clearly explained the consequences of refusal.

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