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Category: Medical Malpractice

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Medical Malpractice

Three Times Medical Malpractice Does Not Apply

Medical malpractice refers to negligent treatment of a patient by a healthcare provider, such as a doctor, nurse, pharmacist, or hospital. Litigation surrounding this issue is complicated, and it can …

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medical-records

Medical Malpractice

Gathering Evidence for Medical Malpractice Lawsuits

Have you been a victim of medical malpractice? There are several steps to filing a medical malpractice claim, and an important part of the process is gathering evidence. In medical …

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man-clutching-chest

Medical Malpractice

What You Need to Know About Heart Attack Misdiagnosis

According to the Centers for Disease Control and Prevention, heart disease is a leading cause of death for adults in the United States. Even though heart attacks—also called acute myocardial …

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hospital-infections

Medical Malpractice

Hospital Infections: Did Being in the Hospital Make My Illness Worse?

Some of the most important things that a patient, or you as the patient’s family, need to be aware of in a medical institute are the do’s and don’t of …

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man-with-medical-files

Medical Malpractice

How to File a Medical Malpractice Lawsuit in Indiana

Filing a medical malpractice claim in Indiana can be a stressful and time-consuming experience. In addition to the mental and physical anguish you’ve endured, you are now required to prove …

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doctor-giving-anesthesia-to-patient

Medical Malpractice

Anesthesia: Types, Errors, and Complications

Anesthesia is a broad term for the drugs used during surgeries and painful medical procedures to prevent patients from feeling pain, either through localized numbing or through induced unconsciousness. Depending …

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gavel-and-stethoscope

Medical Malpractice

Indiana’s Medical Malpractice Act Finds Higher Caps and Tighter Timelines

On July 1, 2017, tweaks to Indiana’s Medical Malpractice Act (MMA) take effect. It will be the first time the legislature has increased the limits on damages in nearly two …

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surgery-team

Medical Malpractice

Retained Objects During Surgery

All surgeries include some level of risk, and surgeons are not immune to human error. Between anesthesia and other drug complications, possible infections, and simply performing the procedure incorrectly, there …

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surgical-tools

Medical Malpractice

The Ins and Outs of Surgical Malpractice

Medical malpractice occurs when a healthcare professional fails to provide a standard level of care to a patient and violates the doctor-patient agreement. A patient can sue for medical malpractice …

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doctor-in-handcuffs

Medical Malpractice

When Medical Malpractice Becomes Criminal

Medicine isn’t an exact science, and neither are medical malpractice cases. In general, when a healthcare provider makes a mistake in your treatment, there are likely grounds for you to …

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operating-room

Medical Malpractice

Six Common Surgical Errors (and How They Could Be Prevented)

We don’t want to think about something going wrong during surgery. Even the most routine procedures can be frightening because all surgeries include an inherent chance of risk. If you …

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nurse-with-chart

Medical Malpractice

How to Tell if You Have a Medical Malpractice Case

Medical professionals can make mistakes, causing harm to their patients. Certain mistakes are unacceptable, while others aren’t so damaging. How do you know if you’re able to sue for medical …

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doctor-with-patient

Medical Malpractice

Medical Malpractice Crisis in the United States: Fact vs. Fiction

If you listen to some elected officials in Washington, you might think that there’s a crisis in the medical malpractice system. Doctors are paying higher premiums than ever before, and …

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nurse-with-patient

Medical Malpractice

Four Ways to Prove Medical Malpractice

Medical malpractice and medical negligence occur when healthcare providers fail to do everything in their power to care for their patients. In order to qualify for legal action, whatever the …

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lung-cancer-x-ray

Medical Malpractice

A Cancer Misdiagnosis Can Lead to a Medical Malpractice Lawsuit

Cancer is a terrible disease, and medicine is not an exact science. Unfortunately, this can lead to life-changing mistakes in diagnosis and treatment, and even small mistakes could have big …

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check-payment

Medical Malpractice

Cost of Hiring Medical Malpractice Lawyers

A medical malpractice lawsuit is no walk in the park. These cases are complex affairs that require a thorough understanding of both the law and the field of medicine. On …

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gavel-and-stethoscope

Medical Malpractice

What Dollar Amount to Expect After Your Medical Malpractice Case is Settled

If you or someone you love has been hurt as a result of medical treatment, it’s possible to get compensation for your injuries. Such damages are usually paid to compensate …

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group-of-medical-professionals

Medical Malpractice

What You Need to Know About Breaches in Doctor-Patient Confidentiality

What if you found out that the information you shared during the course of medical treatment was mishandled and shared with others without your consent? Unfortunately, it could mean that …

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hospital-halllway

Medical Malpractice

The Difference Between Medical Malpractice and Medical Negligence

Medical malpractice and medical negligence are different but very much related in that medical malpractice is a kind of negligence. The distinction between the two is that, while all medical …

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gavel-and-money

Medical Malpractice

Indiana Man Awarded $4.25 Million Medical Malpractice Judgment

A Goshen man injured on the job in 2005 finally won justice after an Indiana court ordered a $4.25 million settlement in his case. The decision comes more than a …

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money-bribery

Medical Malpractice

Medical Bribery Case Snags Dozens

Earlier this summer, a massive bribery case ongoing in New Jersey rumbled along as a twenty-seventh doctor pleaded guilty in federal court. The doctor had accepted bribes that were disguised …

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doctor-lab-coat

Medical Malpractice

Three Ways to Reduce Your Risk of Becoming a Medical Malpractice Victim

Medical malpractice happens when a healthcare provider fails to provide adequate care to their patient—either because they did something they weren’t supposed to do or because they were negligent and …

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medical-supplies

Medical Malpractice

Five Common Causes of Medical Malpractice Claims

When seeking medical treatment, a patient’s expectation is always to receive the best care. Physicians take an oath to uphold specific ethical treatment across the board; no one expects a breach …

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alarm-clock

Medical Malpractice

Medical Malpractice Statute of Limitations: The Basics in Indiana

A statute of limitations is the length of time you have to hire an attorney to file a medical malpractice lawsuit against a healthcare provider. In Indiana, the standard timeline …

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dollar-bills

Medical Malpractice

Three Types of Damages Awarded in Medical Malpractice Claims

In medical malpractice cases, damages is a term referring to compensation. There are three types of damages recoverable from medical malpractice: general damages, special damages, and punitive damages. Additionally, damages …

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medical-records

Medical Malpractice

Data Breaches Could Constitute Medical Malpractice

How secure is your healthcare information? That’s a question a lot of people have been asking as more and more patient data is being stored electronically—and as more and more …

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doctor-on-computer

Medical Malpractice

Indiana’s New Telemedicine Law Could Result in More Medical Malpractice Lawsuits

With passage of a new law in March, Indiana joined the list of states that have created rules and regulations to manage the growth of telemedicine. Telemedicine, or telehealth, uses …

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team-of-doctors

Medical Malpractice

Pressuring Hospitals to Do Better

The Centers for Medicare and Medicaid Services (CMS) recently announced that it will impose financial penalties on 758 hospitals for having poor performance on measures of preventing patient harm. This …

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gavel-pills-money

Medical Malpractice

Indiana’s New Medical Malpractice Cap

Indiana recently continued its long tradition of leading the nation when it comes to medical malpractice legislation by passing much-needed changes to its first-in-the-nation malpractice system. This system, which works …

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medical-staff

Medical Malpractice

Choosing a New Doctor? Choose Wisely.

When you choose a doctor, what criteria do you use? If you’re like most people, you tend to look at factors based on a mix of necessity and convenience: Does …

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cancer-patient

Medical Malpractice

Missed Cancer Diagnosis Leads to Harmful Treatment

A medical malpractice case can revolve around any number of different factors. Sometimes it’s about an obvious medical error: an operation was performed on the wrong part of the body, …

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stethoscope-and-book

Medical Malpractice

Medical Malpractice Reform Stalled for 2016

Indiana is going to have to wait a little longer for reform to its medical malpractice laws. A proposal in the legislature that many had expected to sail smoothly toward …

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empty-hospital-bed

Medical Malpractice

Woman Dies After Being Forced From Hospital

In a case that shows a disturbing lack of concern for human welfare, a woman died recently only minutes after being forced to leave the hospital. Barbara Dawson had been …

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woman-at-doctors-office

Medical Malpractice

Cancer Patient Wins Medical Malpractice Lawsuit

In a case her attorneys noted was largely about “accountability and responsibility,” a South Carolina woman recently won a $6.9 million medical malpractice judgment against her radiologist. The case revolved …

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medical-forms

Medical Malpractice

How Indiana’s Medical Malpractice Cap Works

Do you know how medical malpractice awards are handled in Indiana? You might think that medical malpractice awards can be unlimited and that the doctor and their insurance company pay …

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indiana-state-sign

Medical Malpractice

Understanding Indiana’s Medical Malpractice Act

Which state was the first to pass medical malpractice reform legislation in 1975? Indiana. Our state caps all medical malpractice damages at $1.25 million. Since 1975, the state cap has …

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doctor-with-patient

Medical Malpractice

Medical Malpractice Statute Amendments

Amendments to the statutes that control medical malpractice cases in Indiana have imposed some roadblocks to filing and prosecuting those cases. Nonetheless, a person who has suffered injuries in Indiana due to …

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hospital

Medical Malpractice

Indiana Hospitals Show Support for Raising the Medical Malpractice Cap

Currently, Indiana caps the amount a victim of medical malpractice may be awarded at just $1.25 million, but a recent proposal seeks to increase that number. In September, a legislative …

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prescription-bottles

Medical Malpractice

Distinguishing Bad Medicine From Bad Outcomes in Medical Malpractice Claims

Medical malpractice lawyers often have to wear two hats when meeting with clients who have potential claims for medical negligence. First, they must have an understanding of the legal requirements to …

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patient-listening-to-doctor

Medical Malpractice

Five Things You Should Know About Medical Malpractice in Indiana

Knowledge is power, as the old saying goes, and that’s certainly true about medical malpractice. Medical malpractice occurs when a healthcare provider—such as a doctor, physician, surgeon, or anesthesiologist—fails to …

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hospital-hallway

Medical Malpractice

Medical Malpractice or Just Bad Luck?

When you have an illness, condition or injury, you will probably see a doctor for treatment. If it’s life threatening or otherwise serious, you may go to the hospital. The …

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vital-signs

Medical Malpractice

Medical Malpractice: Definitions and Prevalence

Medical malpractice is a form of negligence by healthcare or other medical professionals. These errors, in which treatment was substandard or caused harm, illness, injury, or death to a patient, …

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woman-wearing-surgical-mask

Medical Malpractice

Doctors Are People Too (and People Make Mistakes)

As a rule, we look up to doctors and other medical professionals. They’re smart, hardworking people who have put in a lot of studying and training. They, presumably, went into …

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medical-office-tools

Medical Malpractice

Medical Malpractice: A Survival Guide

If you’re sick or injured, you visit a doctor and hope to feel better afterward. But what if you don’t? What if the doctor makes some kind of mistake, and …

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syringes-and-pils

Medical Malpractice

Medical Misdiagnosis: The Right Cure for the Wrong Disease

Often, when you aren’t feeling well, you may wait for the illness to resolve itself before seeing a doctor. And, in many cases, that’s what happens. If the problem persists, …

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doctor-reassuring-patient

Medical Malpractice

Medical Mistakes and Your Pre-Existing Condition

Many people may think that having a pre-existing condition means that you can’t file a malpractice lawsuit if a doctor makes a mistake. Given the number of news stories and …

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emergency-room

Medical Malpractice

Making the Wrong Medical Diagnosis

Diagnosis-related errors are more common than most of us want to ever think about. In fact, there are more medical malpractice suits filed as a result of diagnosis errors than …

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anesthesiologist

Medical Malpractice

Jury Awards Half Million Dollar Settlement in Medical Malpractice Case

Medical malpractice can take many different forms. However, a man in Vienna, VA recently won a particularly unusual medical malpractice lawsuit he filed against the surgical team who performed his …

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ear-exam

Medical Malpractice

Woman Awarded $1.7 Million from IU Health Ball Memorial Hospital

Medical malpractice—negligence on the behalf of a healthcare professional that causes harm to a patient—is unfortunately all too common. In this case, an Indiana woman left the hospital with permanent …

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doctor-on-laptop

Medical Malpractice

Determining If You Have a Favorable Medical Malpractice Claim

Medical malpractice occurs when a medical professional makes a mistake that causes a patient harm or fails to measure up to the reasonable level of care as set by their …

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medical-tools

Medical Malpractice

Five Questions to Ask Your Medical Malpractice Lawyer

Choosing a medical malpractice lawyer is a decision that will significantly impact the financial and emotional lives of malpractice victims and their families. You may have very little experience choosing an …

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dna-sequence

Medical Malpractice

Indianapolis DNA Lab Hopes to Cut Medical Malpractice with More Accurate Testing

About once a week, Strand Analytical Laboratories finds an error with a biopsy specimen, including contaminated samples and switched samples. Biopsy errors can result in misdiagnoses, according to a recent …

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red-stethoscope

Medical Malpractice

Medical Malpractice and Concierge Medicine Providers

Concierge medicine companies advertise excellent patient care and offer same-day appointments to patients for an annual membership fee. While this setup is supposed to result in better, more personalized care, …

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cruise-ship-deck

Medical Malpractice

Florida Decision Puts Cruise Ships in Liability Spotlight

When negligence occurs at a hospital, patients or their families may be entitled to compensation for things like medical expenses and pain and suffering. What about when medical negligence happens …

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surgical-team

Medical Malpractice

What to Do If You Were Subjected to Unnecessary Surgery

Multiple lawsuits have been initiated against three cardiologists and a hospital in Northwest Indiana. These medical malpractice charges involve unnecessary cardiac surgeries and other invasive procedures. According to recent news reports, …

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doctors-studying-x-ray

Medical Malpractice

Three Types of Medical Malpractice That May Surprise You

Medical malpractice is often equated with instances like botched surgeries or birth injuries, but it is much more prevalent than that. You may have been the victim of medical malpractice …

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drug-testing

Medical Malpractice

California Medical Malpractice Prop 46 Includes Drug Testing for Doctors

One of the more expensive ballot initiative fights is taking place in California for the 2014 fall elections. The initiative is Proposition 46, which would raise the cap for pain …

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doctors-performing-surgery

Medical Malpractice

How the Affordable Care Act May Affect Medical Malpractice

A June 2014 article in Insurance Journal suggested that the Affordable Care Act, by changing how medicine is practiced, is also going to change how medical malpractice is viewed and, …

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hospital-sign

Medical Malpractice

Medical Malpractice Case Challenges Non-Economic Award Cap

A jury in Milwaukee has awarded a woman $25.3 million in a medical malpractice case that involves the failure of a doctor and a physician’s assistant to provide an alternative …

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doctor-and-patient

Medical Malpractice

Rand Study: Affordable Care Act to Increase Medical Malpractice Awards

A study by the Rand Corporation on the effects of the Affordable Care Act had both good and bad news attached to it. The good news is that workers’ compensation …

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medical-tools

Medical Malpractice

Apologizing for Medical Malpractice Can Be Good Business

What should doctors do if they realize that a mistake has been made? Obviously, part of their reaction should be to try to correct the mistake or, if it is …

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elderly-man-with-nurse

Medical Malpractice

What Is Medical Malpractice?

Medical malpractice is defined as improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other healthcare professional. The very concept of medical malpractice is …

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male-surgeon

Medical Malpractice

Too Many Patients Are Injured by Preventable Surgical Mistakes

Surgeries of all types come with a risk of error. If you are preparing for an upcoming surgery, the last thing you want to worry about is your doctor’s ability …

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safety-handrail

Medical Malpractice

Hospital Negligence May Lead to Serious Fall Injuries

A Virginia jury recently awarded $3.5 million to an 87-year-old woman who was reportedly hurt in 2006 when she fell from a hospital bed following hip surgery. Shirley Burrell allegedly …

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checklist

Medical Malpractice

Increased Transparency Could Reduce Medical Mistakes

Even though an estimated 98,000 people die each year as a result of medical mistakes in United States hospitals, such stories rarely make headline news. According to The New England Journal …

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lady-justice

Medical Malpractice

Missouri Supreme Court Strikes Down Medical Malpractice Damages Cap

Last week, the Supreme Court of Missouri struck down a 2005 state law that limited the amount of non-economic damages a jury may award in medical malpractice cases. In a …

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doctor-and-patient

Medical Malpractice

Study Reveals Wide Disparity in Costs for Appendectomy Procedures

Appendectomies are commonly performed operations, and you would expect to pay virtually the same price regardless of where in the United States you had the surgery. Right? Not necessarily. A …

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patient-in-wheelchair

Medical Malpractice

Tort Reform and Indiana Medical Malpractice Law

Since the April 2010 Gulf oil spill, there have been discussions among the public and members of the United States government about the $75 million liability cap placed on oil …

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hospital-bed

Medical Malpractice

Facts About Medical Malpractice Insurance Companies

Healthcare reform and medical malpractice have become increasingly visible issues in the current political climate. Not all of that attention is a good thing: Most healthcare reform proposals that have …

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american-dollars

Medical Malpractice

Healthcare System in United States Wastes $800 Billion Annually

Thomson-Reuters released a report that indicates that the United States healthcare system wastes a staggering $800 billion every year due to inefficiency, fraud, medical mistakes, and lack of preventative care. …

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medical-staff-with-patients

Medical Malpractice

Indiana’s Medical Malpractice Caps

A recent court decision may put Indiana’s stringent medical malpractice award limits to the test. The family of Debbie Plank was awarded $8.5 million against Community Hospital North after the …

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heart-monitor

Medical Malpractice

Medical Malpractice Deaths

Are you safer on the highway or lying in a hospital bed? You might be surprised: Nearly 200,000 people die every year in the United States as a result of …

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medical-supplies

Medical Malpractice

Indiana Medical Malpractice Law: An Overview

In 1975, the Indiana General Assembly passed the Indiana Malpractice Act, which defines malpractice as a tort or breach of contract based on healthcare or professional medical services that were …

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