Question: Can you ask leading question at trial in the State of Indiana? Answer: Yes, but there is discretion by the trial court, see below. It is in the sound discretion of the trial court permit the...
Can you sue for injuries sustained on the golf course from an errant drive of another golfer?
Question: Can you sue for injuries sustained on the golf course from an errant drive of another golfer? Answer: Normally, you may not. Breach of duty usually involves an evaluation of reasonableness t...
What is “qualified immunity” as it relates to civil rights complaints against police officers?
Question: What is “qualified immunity” as it relates to civil rights complaints against police officers? Answer: Qualified immunity is immunity from suit rather than a mere defense to liability. T...
Does a person who has an injury case, but dies from unrelated causes before the case is resolved, lose that case?
Question: Does a person who has an injury case, but dies from unrelated causes before the case is resolved, lose that case? Answer: No. See below. The Indiana Survival Statute creates a limited spectr...
If you suffer a known complication from a medical procedure, does that mean the doctor committed medical malpractice?
Question: If you suffer a known complication from a medical procedure, does that mean the doctor committed medical malpractice? Answer: A bad result without proof of negligence is not malpractice. See...
Can a healthcare provider have liability for a Health Insurance Portability and Accountability Act (HIPAA) violation by its employee, when employee’s actions were done in violation of company’s rules of confidentiality?
Question: Can a healthcare provider have liability for a Health Insurance Portability and Accountability Act (HIPAA) violation by its employee, when employee’s actions were done in violation of comp...
Do bar owners owe a duty to protect their invitees from a “sudden” brawl in their bar?
Question: Do bar owners owe a duty to protect their invitees from a “sudden” brawl in their bar? Answer: Businesses must exercise reasonable care to protect their patrons from foreseeable harms, b...
What is marital privilege?
Question: What is marital privilege? Answer: A rule of evidence that prevents a court from requiring a spouse to testify as to confidential marital communications, but does not bar the spouse from tes...
The Law Offices of David Gladish, P.C. has again selected as a member of the “Best Law Firms” by US News & World Report.
The Law Offices of David Gladish, P.C. has again selected as a member of the “Best Law Firms” by US News & World Report. I would like to thank our many clients, friends and peers in th...
What injuries are covered by worker’s compensation?
Question: What injuries are covered by worker’s compensation? Answer: Those injuries that arise out of employment relationship. See below. The claimant bears the burden of proving a right to compens...