A patient who suffered brain damage from a negligent medical mistake
during treatment for a car accident caused by the patient's own alcohol
consumption is not contributorily at fault, according to Mercer v.
Univ., ___ S.E.2d ___ (2004). Nor may a contributory fault
defense be raised when a patient was alleged to have taken excessive
medication and delayed in seeking treatment, since these actions also
occurred prior to seeing the particular emergency room physician who
was sued. Cavens
v. Zaberdac, Ind., No. 45S03-0505-CV-239, 6/22/06.
Relating to Good Samaritan defenses, see Paul A. Hattis, Overcoming
barriers to physician volunteerism: summary of state laws providing
malpractice liability exposure for clinician volunteers, 2004 U. Ill.
Regarding the standard of care issue in Schenider v. Rivici, see J.
Brad Kallmyer, A Chimera in Every Sense: Standard of Care for
Physicians Practicing Complementary and Alternative Medicine, 2 Ind.
Health L. Rev. 225 (2005).
Chapter 4.D.4 -- Arbitration
An arbitration clause in a nursing home admissions form is
enforceable, despite the lack of any real option over whether to sign
it, but a limitation of liability was not, according to Vicksburg
Partners v. Stephens, ___ (Miss. 2005).
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