Question: What is the evidentiary standard for showing “wanton misconduct”? Answer: Evidence that the person was conscious of their conduct with the knowledge of existing conditions that injury wo...
What is the “Good Samaritan Law”?
Question: What is the “Good Samaritan Law”? Answer: It provides certain protections for rendering aid in emergency situations. These statutes encourage physicians, and sometimes others, including ...
Can you use deadly force to protect yourself?
Question: Can you use deadly force to protect yourself? Answer: Yes, but there are requirements. See below Self-defense is recognized by the Indiana Code as a legal justification for the commission of...
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...
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...
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...