Spar v. Cha
N/AOUTCOME: New trial granted on appeal
Spar v. Cha, 907 N.E.2d 974 (Ind. 2009). Indiana Supreme Court case setting precedent on the incurred risk defense in medical malpractice litigation.
Valparaiso, IN
Medical malpractice Lawyer at Valparaiso, IN
Practice Areas: Medical Malpractice, Personal Injury ... +3 more
OUTCOME: New trial granted on appeal
Spar v. Cha, 907 N.E.2d 974 (Ind. 2009). Indiana Supreme Court case setting precedent on the incurred risk defense in medical malpractice litigation.
OUTCOME: Verdict in favor of patient
Linton v. Davis, 887 N.E.2d 960 (Ind. Ct. App. 2008), trans denied. Verdict affirmed by Indiana Court of Appeals. Indiana Supreme Court denied transfer.
OUTCOME: Clarified Supreme Court holding
Atterholt v. Herbst, 907 N.E.2d 528 (Ind. 2009)(on rehearing).
OUTCOME: IN Supreme Court reversed trial court's ruling
Miller vs. Memorial Hospital of South Bend, 679 N.E.2d 1329 (Ind. 1997). Indiana Supreme Court setting precedent under Indiana's Medical Malpractice Act that a patient suffering separate injuries as a ... result of separate occurrences of medical negligence is entitled to recovery under mutiple statutory caps.
OUTCOME: trial court's judgment affirmed.
McCarty v. Sanders 805 N.E.2d 894 (Ind. Ct. App. 2004), trans denied.