Medical Malpractice lawyers are pleased with the August 18, 2010 opinion by the Court of Appeals of Indiana upholding the trial court's award of attorneys' fees and costs in a case brought under the Adult Wrongful Death Act ("AWDA"). The opinion of Hematology -Oncology of Indiana v. Fruits was written by the Honorable Judge May.
The appellant challenged whether the AWDA allowed for reasonable attorneys fees claiming that the "because the "express terms" of the AWDA "do not permit a claim for attorneys fees or litigation expenses." Hematology -Oncology of Indiana v. Fruits, Case No. 449A05-0910-CV-55649A05-0910-CV-556 (citing Br. of the Appellant, Hematology-Oncology of Indiana, P.C. (hereinafter "Hematology Br.") at 7.) The Appellate Court disagreed.
According to Judge May, the pertinent part of the AWDA, Ind. Code ยง 34-23-1-1, does not limit recovery to only damages for grief and punitive damages. Rather, the law reads that in addition to damages for grief and punitive damages, a plaintiff could be awarded damages which "may include but are not limited to the following." While attorneys' fees and costs are not enumerated in the statute, the statute does not limit recovery to only listed items of damages.
If you or a loved one has suffered because of negligent acts of a health care provider, it is important for you to speak with a medical malpractice attorney. A lawyer will be in the best position to evaluate what damages you are entitled to.
