By: Carol Dillon
BleekeDillonCrandall Attorneys
In another recent opinion from the Indiana Court of Appeals, the Journey’s Account Statute (“JAS”) has been used effectively to save an otherwise untimely medical malpractice claim. In Northlake Nursing and Rehabilitation Center v. Estate of Cocteus Mason, decided November 15, 2011 by the Indiana Court of Appeals, the Court held that the Estate’s medical malpractice claim was not barred by the statute of limitations even though it was filed over two years after the date of the malpractice. Cocteus Mason died at the nursing home in October, 2008. In February. 2010, his Estate filed a Complaint in Lake County Court alleging wrongful death. The nursing home moved to dismiss because it was a “qualified” health care provider under the Indiana Medical Malpractice Act and the Plaintiff had not first presented the case to a medical review panel. In July, 2010, the trial court granted the nursing home’s Motion to Dismiss. In January, 2011, over two years from the date of Mr. Mason’s death, the Estate filed a Proposed Complaint with the Department of Insurance. The nursing home filed a Motion for Preliminary Determination of Law with the trial court, moving to dismiss because the statute of limitations had passed. The Estate responded that the action was saved by the Journey’s Account Statute, which they claimed extended the statute of limitations because of the earlier-filed case in Lake County. The trial court agreed and the nursing home appealed.
The nursing home argued that the original action failed because of negligence in the prosecution of the action because the Estate failed to first file in the Department of Insurance against a qualified provider. Negligence in the prosecution of the action is an exception to the savings clause of the JAS. The Court of Appeals held that the nursing home failed to demonstrate negligence in the prosecution of the action and the Estate had three years from the date its original complaint was dismissed in state court to file in the Department of Insurance. This is now the second case in the last several months from the Court of Appeals that relieves the plaintiff from the duty to do some due diligence before filing a complaint to determine whether or not the complaint belongs in the Department of Insurance or in state court before the statute of limitations expires.
Monday, November 28, 2011
Thursday, November 17, 2011
Very Thankful For Our Clients
By: Jim Bleeke
BleekeDillonCrandall Attorneys
As we near Thanksgiving, I just want our clients to know how truly blessed we feel to have the best clients I have ever had. I frequently tell lawyers around the country that I simply do not have ANY clients that I do not REALLY like! Other lawyers often look at me in disbelief like I am from a different planet. But it is true!
Our firm is lucky enough to have clients who are intelligent, practical, appreciative and even fun. No wonder our attorneys love what we do and strive so hard to produce great results for clients we really, truly like.
Thanks to all of you for making our work life great!
BleekeDillonCrandall Attorneys
As we near Thanksgiving, I just want our clients to know how truly blessed we feel to have the best clients I have ever had. I frequently tell lawyers around the country that I simply do not have ANY clients that I do not REALLY like! Other lawyers often look at me in disbelief like I am from a different planet. But it is true!
Our firm is lucky enough to have clients who are intelligent, practical, appreciative and even fun. No wonder our attorneys love what we do and strive so hard to produce great results for clients we really, truly like.
Thanks to all of you for making our work life great!
Wednesday, November 16, 2011
OUTREACH, INC
By: Stephanie Franco Holtzlander
BleekeDillonCrandall Attorneys
Did you know that hundreds of youth age 14-24 live on the streets of greater Indianapolis as a result of abuse, neglect, family crisis and poverty? Almost invisible to society, many of our city’s teens and young adults often slip through the cracks of our social system and into a world of desperation. They turn to drugs, crime or prostitution to get food, shelter and clothing. They need someone who cares.
OUTREACH, INC. reaches out to help homeless and runaway youth find a safer and more stable life. Every week OUTREACH, INC street teams search for youth in abandoned buildings, parks, wooded areas and under bridges to offer practical assistance like food, clothing, bottled water and first aid. OUTREACH, INC’s staff listens to each story and builds the trust necessary to bring change to their lives. Their 24/7 crisis hotline allows street youth to call any time with their deepest pain, often enabling ministry to those contemplating suicide.
I would like to invite you to a special benefit concert. OUTREACH, INC, along with Bobby Hayden and Friends, is presenting a Christmas Concert “No Room at the Inn” on Friday, December 16, 2011 to benefit the organization and assist with their continuing efforts to provide hope for homeless youth. The concert will be held at The Fountains in Carmel and is hosted by North Park Community Church.
I know there are so many worthy and deserving charities that you all selflessly support; however, this effort is particularly compelling and inspiring to me. Bobby Hayden is my uncle and he once was homeless. Uncle Bobby was born in Evansville, Indiana and had an accomplished childhood show business career across the country. (See 8-year-old Bobby perform Bye, Bye Blackbird on Ted Mack and the Original Amateur Hour Show http://youtu.be/VBDEAN_5qEY) Bobby moved to Los Angeles in 1979 and became a fixture on the local circuit. Uncle Bobby is a gifted vocalist and his high-energy guitar ability captured audiences across the country. He toured and performed with Quiet Riot, Mountain, Pat Travers, Rick Derringer and Molly Hatchet. You can search “Bobby Hayden” on www.youtube.com for more videos.
Sadly, Bobby experienced some very dark times and our family lost him to the streets. A career “hiatus” turned into eight years of drug addiction and homelessness. Bobby lived in a cardboard box and truly was one of the lost and desperate souls that had fallen through the cracks of our society. Today, through the power of rehabilitation and salvation, Bobby is living in his own home and teaches music to students and young artists, including our 8-year-old daughter, Marya. He is also sharing his story and working to empower our city’s homeless teens and young adults to exit street life.
Please join my family and me on December 16th at 7:00 p.m. for the “No Room at the Inn” concert featuring my Uncle Bobby Hayden and his musical friends. Our daughter, Marya, will also perform. Tickets are $10. If you cannot attend, please go to www.outreachindiana.org to make a donation. Also, if you have any questions, please feel free to contact me. My email is stephanie@bleekedilloncrandall.com.
Thank you for your time and support. Stephanie.
BleekeDillonCrandall Attorneys
Did you know that hundreds of youth age 14-24 live on the streets of greater Indianapolis as a result of abuse, neglect, family crisis and poverty? Almost invisible to society, many of our city’s teens and young adults often slip through the cracks of our social system and into a world of desperation. They turn to drugs, crime or prostitution to get food, shelter and clothing. They need someone who cares.
OUTREACH, INC. reaches out to help homeless and runaway youth find a safer and more stable life. Every week OUTREACH, INC street teams search for youth in abandoned buildings, parks, wooded areas and under bridges to offer practical assistance like food, clothing, bottled water and first aid. OUTREACH, INC’s staff listens to each story and builds the trust necessary to bring change to their lives. Their 24/7 crisis hotline allows street youth to call any time with their deepest pain, often enabling ministry to those contemplating suicide.
I would like to invite you to a special benefit concert. OUTREACH, INC, along with Bobby Hayden and Friends, is presenting a Christmas Concert “No Room at the Inn” on Friday, December 16, 2011 to benefit the organization and assist with their continuing efforts to provide hope for homeless youth. The concert will be held at The Fountains in Carmel and is hosted by North Park Community Church.
I know there are so many worthy and deserving charities that you all selflessly support; however, this effort is particularly compelling and inspiring to me. Bobby Hayden is my uncle and he once was homeless. Uncle Bobby was born in Evansville, Indiana and had an accomplished childhood show business career across the country. (See 8-year-old Bobby perform Bye, Bye Blackbird on Ted Mack and the Original Amateur Hour Show http://youtu.be/VBDEAN_5qEY) Bobby moved to Los Angeles in 1979 and became a fixture on the local circuit. Uncle Bobby is a gifted vocalist and his high-energy guitar ability captured audiences across the country. He toured and performed with Quiet Riot, Mountain, Pat Travers, Rick Derringer and Molly Hatchet. You can search “Bobby Hayden” on www.youtube.com for more videos.
Sadly, Bobby experienced some very dark times and our family lost him to the streets. A career “hiatus” turned into eight years of drug addiction and homelessness. Bobby lived in a cardboard box and truly was one of the lost and desperate souls that had fallen through the cracks of our society. Today, through the power of rehabilitation and salvation, Bobby is living in his own home and teaches music to students and young artists, including our 8-year-old daughter, Marya. He is also sharing his story and working to empower our city’s homeless teens and young adults to exit street life.
Please join my family and me on December 16th at 7:00 p.m. for the “No Room at the Inn” concert featuring my Uncle Bobby Hayden and his musical friends. Our daughter, Marya, will also perform. Tickets are $10. If you cannot attend, please go to www.outreachindiana.org to make a donation. Also, if you have any questions, please feel free to contact me. My email is stephanie@bleekedilloncrandall.com.
Thank you for your time and support. Stephanie.
Don’t Blame Peyton
By: Jeb Crandall
BleekeDillonCrandall Attorneys
With the Colts off to a blistering 0-10 start, there has been much talk that the reason is because they are without their star quarterback, Peyton Manning. While there is no doubt that this has been a hindrance to the Colts returning to the playoffs, it is no excuse for such a horrific season. The last time I checked, Peyton didn’t play defense, he didn’t block during punts, and he didn’t make tackles on kick-off coverage. While Peyton may be the “glue” that holds the team together, it is unfathomable that one single player can cause a perpetually playoff-bound team to fall to the ranks of the 2008 Detroit Lions (sorry Lions fans). Where is the pride in the rest of these professionals? Why can’t coaching get the team to believe that they can win without one player? If you ask me, it is time for a complete makeover for the Colts in 2012. From management down to the players, it is time for a clean slate. Maybe with a little “Luck” in 2012, the Colts will be back on track.
BleekeDillonCrandall Attorneys
With the Colts off to a blistering 0-10 start, there has been much talk that the reason is because they are without their star quarterback, Peyton Manning. While there is no doubt that this has been a hindrance to the Colts returning to the playoffs, it is no excuse for such a horrific season. The last time I checked, Peyton didn’t play defense, he didn’t block during punts, and he didn’t make tackles on kick-off coverage. While Peyton may be the “glue” that holds the team together, it is unfathomable that one single player can cause a perpetually playoff-bound team to fall to the ranks of the 2008 Detroit Lions (sorry Lions fans). Where is the pride in the rest of these professionals? Why can’t coaching get the team to believe that they can win without one player? If you ask me, it is time for a complete makeover for the Colts in 2012. From management down to the players, it is time for a clean slate. Maybe with a little “Luck” in 2012, the Colts will be back on track.
Friday, November 4, 2011
PLUS Seminar
By: J. Richard Moore
BleekeDillonCrandall Attorneys
I am writing from a hotel room in San Diego, California, where I am attending the Professional Liability Underwriting Society (PLUS) International Meeting. PLUS is a 25-year-old organization established for professionals who are involved in assessing and managing risk and confronting professional liability claims. Such claims include medical, hospital and nursing malpractice, where the preponderance of Bleeke Dillon Crandall’s experience lies, but also extend to claims against engineers, accountants, insurance professionals, bankers and business managers. The key focus of PLUS, and the International Meeting, is for members to share and exchange knowledge, develop contacts, and prepare ourselves for changes and challenges in the field as they develop.
Over 1100 attendees from the United States, Canada, England, Europe, Africa and Australia are here. They include primarily insurance professionals from underwriting departments, but also include risk management professionals and attorneys who, like me, defend professionals against liability claims and assist insurance companies in navigating difficult coverage issues. The keynote address was delivered by Tony Blair, the former Prime Minister of Great Britain. His address was outstanding, and the brief question-and-answer session following the formal address was even more enjoyable. The Q&A addressed such significant topics as the prime minister’s opinions on how to address the current global debt crisis, the prospects for peace in the Middle East, and who should portray him in a movie.
My interest in PLUS is motivated by a commitment to client service. That means having an awareness and knowledge of the structures and business issues that affect my clients, even when those issues are not directly implicated by a professional liability claim I am defending, or by an insurance coverage question arising under an existing policy. When I defend a claim against a physician, or a staff of nurses and nurse aides, or an architect or an engineer, I am not directly concerned with insurance coverage issues; but my client and/or the insurance company that hired me may be. When I analyze coverage for an insurer, I am not directly concerned with underwriting issues; but if the insurer’s position supported by my coverage analysis leads to litigation, underwriting issues may well be of interest to the claimant and subject to discovery. For these reasons---and because San Diego is beautiful at this, or any, time of year---I am enjoying the PLUS conference and my participation in the organization.
BleekeDillonCrandall Attorneys
I am writing from a hotel room in San Diego, California, where I am attending the Professional Liability Underwriting Society (PLUS) International Meeting. PLUS is a 25-year-old organization established for professionals who are involved in assessing and managing risk and confronting professional liability claims. Such claims include medical, hospital and nursing malpractice, where the preponderance of Bleeke Dillon Crandall’s experience lies, but also extend to claims against engineers, accountants, insurance professionals, bankers and business managers. The key focus of PLUS, and the International Meeting, is for members to share and exchange knowledge, develop contacts, and prepare ourselves for changes and challenges in the field as they develop.
Over 1100 attendees from the United States, Canada, England, Europe, Africa and Australia are here. They include primarily insurance professionals from underwriting departments, but also include risk management professionals and attorneys who, like me, defend professionals against liability claims and assist insurance companies in navigating difficult coverage issues. The keynote address was delivered by Tony Blair, the former Prime Minister of Great Britain. His address was outstanding, and the brief question-and-answer session following the formal address was even more enjoyable. The Q&A addressed such significant topics as the prime minister’s opinions on how to address the current global debt crisis, the prospects for peace in the Middle East, and who should portray him in a movie.
My interest in PLUS is motivated by a commitment to client service. That means having an awareness and knowledge of the structures and business issues that affect my clients, even when those issues are not directly implicated by a professional liability claim I am defending, or by an insurance coverage question arising under an existing policy. When I defend a claim against a physician, or a staff of nurses and nurse aides, or an architect or an engineer, I am not directly concerned with insurance coverage issues; but my client and/or the insurance company that hired me may be. When I analyze coverage for an insurer, I am not directly concerned with underwriting issues; but if the insurer’s position supported by my coverage analysis leads to litigation, underwriting issues may well be of interest to the claimant and subject to discovery. For these reasons---and because San Diego is beautiful at this, or any, time of year---I am enjoying the PLUS conference and my participation in the organization.
Subscribe to:
Posts (Atom)
