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.
- Wishard Foundation George H. Rawls, M.D. Scholarship Dinner Committee, Member
- Harrison College Paralegal Advisory Board, Member
- Scholarship Committee for Indiana Healthcare Association, Member
- 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).
- Successfully defended pediatric hospitalist in a Section 1983 federal court lawsuit alleging the hospitalist violated plaintiffs - parents and their children’s - respective constitutional rights when she, in bad faith, submitted a report of suspected medical child abuse to the Indiana Department of Child Services. Plaintiffs filed a companion case with the Indiana Department of Insurance alleging the hospitalist’s diagnosis of medical child abuse was negligently made. The United States District Court for the Southern District of Indiana granted summary judgment in favor of the hospitalist finding that she was immune from liability as a matter of law. The Marion County Superior Court dismissed the plaintiffs’ medical malpractice action. In applying Indiana’s Anti-SLAPP Act, the court found the plaintiffs’ lawsuit to be retaliatory in nature and an attempt to chill the hospitalist’s right to free speech.
- 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
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
- 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 Courts for the Northern and Southern Districts of Indiana (1989)
- U.S. Seventh Circuit Court of Appeals