Laura K. Binford concentrates her practice in medical malpractice defense. She represents hospitals, long term care facilities, physicians, nurses, nurse practitioners, clinics, and other healthcare providers in the defense of medical negligence claims.
Past Member of Wishard Foundation George H. Rawls, M.D. Scholarship Dinner Committee,
- Assist with fund raising and promotion of Scholarship Dinner.
Past Member of Scholarship Committee for Indiana Healthcare Association, Member,
- Interview candidates for scholarship awarded to nursing students dedicated to long term care.
Heart and Soul Free Clinic Board Member
- Heart and Soul Free Clinic provides cost free health care services to the under and uninsured.
- Represented hospital and residents in medical malpractice claim filed by a patient who alleged a lack of informed consent to the participation of residents in her surgery. The trial court granted summary judgment in favor of the defendant providers. The Court of Appeals affirmed and held that it was not necessary to name residents or students individually on the consent form, as the form’s generic reference to “residents” and “students” sufficed. Tipton v. Isaacs, 17 N.E.3d 292 (Ind. Ct. App. 2014), trans denied, 24 N.E.3d 967 (Ind.2015).
- Represented landowner alleged to have breached duty to invitee to prevent criminal acts of third parties, in which Indiana Supreme Court affirmed grant of summary judgment in favor of landowner, on the grounds landowner did not breach duty to take reasonable steps to prevent foreseeable criminal acts against invitees: L.W. v. Western Golf Ass’n., 712 N.E.2d 983 (Ind. 1999)
- Successfully defended long-term care facility and secured an opinion from the United States District Court for the Southern District of Indiana holding that as a matter of law the provisions of the Federal Nursing Home Reform Act do not create rights enforceable under Section 1983. Rather, such claims are governed by Indiana’s Medical Malpractice Act. Diana L. Terry, Personal Representative of the Estate of Jack J. McMillen v. The Health and Hospital Corporation of Marion County and American Senior Communities, LLC In the United States District Court for the Southern District of Indiana, Indianapolis Division Case No. 1:10-cv-000607-DML-JMS.
- Has successfully defended healthcare providers in medical malpractice actions before the Indiana Department of Insurance and in courts throughout the State of Indiana.
Publications & Presentations
Navigating Indiana’s Medical Malpractice Act Statute of Limitations, RBE Blog (2018)
- Indiana’s Medical Malpractice Act (“Act”) statute of limitations for pursuing a claim against a qualified health care provider reads as follows: (a) This section applies to all persons regardless of minority or other legal disability, except as provided in subsection (c). (b) A claim, whether in contract or tort, may not be brought against a health care provider based upon a professional service or health care that was provided or that should have been provided unless the claim is filed within two (2) years after the date of the alleged act, omission, or neglect, except that a minor less than six (6) years of age has until the minor’s eighth birthday to file. READ ARTICLE
Indiana’s Wrongful Death Damages – A “Cheat Sheet” For What Damages Are Recoverable, RBE Blog (2017)
- In Indiana, the nature and extent of damages recoverable for wrongful death are dependent on the status of the decedent and his/her survivors at the time of death. Indiana Code § 34–23–1–1 governs actions for wrongful death generally, Indiana Code § 34–23–1-2 applies specifically to actions for the wrongful death of an unmarried adult without dependents, and Indiana Code § 34–23–2–1 governs the wrongful death of a child. While Indiana’s wrongful death statutes are in derogation of common law and are to be construed strictly against the expansion of liability, Indiana appellate courts have been invited on multiple occasions to interpret the respective damages provisions of the above cited statutes. READ ARTICLE
- Laura has presented to nurses and multiple medical groups on the topics of Indiana’s Medical Malpractice Act and the importance of good charting.
- Laura has also presented to hospital risk managers on the topic of Indiana premises liability law and reducing premises liability risk.
Awards & Recognition
Distinguished Fellow of the Indy Bar Foundation (2015)
- Each year the Indianapolis Bar Foundation honors individuals for their dedication to the law by bestowing on them the designation of Distinguished Fellow. This small but select group is chosen by the Directors of the Indianapolis Bar Foundation to become Distinguished Fellows as a result of their significant contributions to the legal profession and to our community.
Indianapolis Bar Association
Defense Trial Counsel of Indiana
- Medical Liability & Healthcare Law Section
Defense Research Institute
- Health Law Section
American Health Lawyers Association
- Healthcare Liability and Litigation and Long Term Care, Senior Housing, In-Home Care, and Rehabilitation Sections
Care, Senior Housing, In-Home Care, and Rehabilitation Sections
Indiana Health Care Association
Indiana Society for Healthcare Risk Management
Sagamore American Inn of Court
American Society of Healthcare Risk Management
- Indiana University Robert H. McKinney School of Law, J.D. (1989)
- Butler University, B.S. (1986)
- Indiana (1989)
- U. S. District Court, Southern District of Indiana (1989)
- U.S. District Court, Northern District of Indiana (1989)
- U.S. Seventh Circuit Court of Appeals