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Michele Bryant
Michele Bryant
 
Email Michele S. Bryant
Phone: 812.759.5912 vcard
Contact
Michele.Bryant@WoodenMcLaughlin.com
(812) 759-5912 (Direct)
(812) 401-6444 (Fax)

21 South East 3rd Street
Suite 900
Evansville, IN 47708
Legal Secretary
Brenda Glenn
Brenda.Glenn@WoodenMcLaughlin.com
Education
DePauw University (B.A., Political Science, 1986)
Indiana University Maurer School of Law (J.D., 1988)
Personal
Michele was raised in Martinsville, Indiana. She played Division III basketball and softball at DePauw University. She and her family live in Newburgh, Indiana, where she enjoys coaching youth sports and being active in her church, Aldersgate United Methodist. Her community involvement includes the Northside Evansville Kiwanis Club, where she has served as President of the Club’s Foundation since 1999. She also is a member of the Board of Directors of Meals on Wheels.
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Michele S. Bryant
Partner

Michele has been a lawyer for over 25 years, remaining true to the core values of her practice; excellent legal skills provided responsively and efficiently to clients whose best interests steer the course.  Whether advocating for a client at trial, providing legal counsel regarding disputes and business decisions, or dealing with an adversary, Michele maintains a professional and courteous demeanor, actively listens, and takes pride in meticulous preparation.

Michele has developed extensive experience in the defense and trial of claims against medical professionals, including physicians, nurses, dentists, nurse practitioners, mental health professionals, health care providers rendering services in jails/prisons, and allied health professionals.  She also represents health care facilities such as hospitals, nursing homes, and rehabilitation centers.  She has been selected as an Indiana Super Lawyer in the area of medical malpractice defense in 2011, 2012, 2013, 2014, and 2015.

As a healthcare lawyer, Michele advises hospitals, nursing homes, hospices, rehabilitation facilities, and medical office practices on a wide range of employment and regulatory issues such as physician contracting and compensation, physician recruitment, hospital medical staff matters, credentialing and peer review, professional licensure, bylaws and policies, patient privacy, impaired or disruptive professionals, fraud and abuse, and risk reduction programs.  She is a frequent speaker on topics including medical documentation and trial tactics.  Michele also assists with training programs for medical school residents, nurses, and social workers on legal issues applicable to their professional development.

Michele’s litigation experience is not limited to medical negligence claims.  She also represents businesses, individuals, and insurance companies in a variety of matters including civil rights actions, automobile and trucking accidents, premises liability claims, contract disputes, and food safety/food poisoning claims.

Representative Matters:

Health Care Litigation

  • Defense of radiologist in a failure to diagnose brain tumor
  • Defense of hospital in claim involving pressure ulcers requiring plastic surgery
  • Defense of nurse practitioner and jail nurse in claim by inmate of civil rights violations under Section 1983 and state law negligence for failure to diagnose and treat spinal stenosis leading to permanent paralysis
  • Defense of surgeons in claims involving surgical complications, bleeding, and death
  • Defense of nursing homes in cases involving patient falls and pressure ulcers
  • Defense of hospital in cases involving novel infections, such as H1N1
  • Defense of medical professionals in claims of failure to communicate test results, laboratory test, and imaging studies
  • Representation of hospitals and nursing homes in claims of failure to provide adequate staffing
  • Defense of family practice physician in claim of failure to diagnose breast cancer

General Healthcare Legal Advice

  • Hospital medical staff issues
  • Physician recruitment and employment
  • Mental health unit issues such as forced medications, enhanced privacy regulations, and emergency detentions
  • HIPAA and HITECH
  • Professional licensing
  • National Practitioner Data Bank reporting requirements
  • Advanced Practice Nurse Collaborative Agreements
  • Assistance with trauma program development and certification
  • On call coverage agreements
  • Hospice regulatory issues, physician agreements, and medical director agreements

General and Business Litigation

  • Represented insurance agency in covenant not to compete litigation
  • Represented insurance agent in claim by business of failure to procure workers compensation coverage prior to death of employee of business
  • Involvement with food safety claims including restaurant food poisoning and farm product contamination claims involving FDA investigation
  • Representation of parties in automobile and trucking accidents, including both claimant and defendant
  • Representation of a construction company in claim that a residential construction site was negligently maintained causing injury to trespassing child

Presentations, Speeches, and Publications

  • Presenter, "Clinical Communication and Documentation," National Association of Social Workers, Indiana Chapter (September 2014)
  • Author, "Is My Patient Recording This?"
  • Author, "Physician Liability for Acts of Nurse Practitioners"
  • Guest Lecturer, "Clinical Documentation and Liability" and "Advanced Directives," University of Southern Indiana Senior Nursing Students (February 2014)
  • Author, " Physicians Beware:  Are Your Personal Assests at Risk in a Medical Malpractice Case?"  (October 2013)
  • Presenter, Risk Management and Legal Issues for Physicians, Deaconess Hospital Residency Program (June 2013)
  • Evansville Bar Association Applied Professionalism, "Judges and Lawyers Assistance Program" (January 2013)
  • Indiana Continuing Legal Education Forum (ICLEF) Applied Professionalism, "Keeping Your Cool:  Maintaining Civility at All Times" (Panel) (November 2011, 2010 and 2009)
  • Evansville Bar Association, "60 Minutes to Better Direct Examination" (February 2009)
  • Evansville Bar Association Dialogue Between the Bench and Bar, "Practical Advice on Mediation from the Defense" (March 2008)
  • Evansville Bar Association Applied Professionalism, "JLAP:  Protecting Our Best Assets:  Competent, Effective Legal Professionals" (January 2007)
  • Evansville Bar Association Hot Topics, "Medical Malpractice:  Defense Perspective" (December 2005)
  • ICLEF, Trial Tactics and Objections, "Discovery Stages:  Interrogatories and Depositions" (December 2001)
  • ICLEF, "Legal Ethics for Litigators" (December 2000)
  • Evansville Bar Association, "Medical Malpractice Tips" (September 1999)

Reported Cases

  • Harper v. Hippensteel, 994 N.E.2d 1233 (Ind. Ct. App. 2013) LEXIS 462 – Summary judgment affirmed in a case involving lack of physician-patient relationship and lack of duty owed by physician to patient of nurse practitioner with whom physician had entered into a Collaborative Practice Agreement for Prescriptive Authority.
  • Beard v. Dominquez, 847 N.E.2d 1054 (Ind. Ct. App. 2006) LEXIS 991; trans. denied 860 N.E. 2d 592, 2006 Ind. LEXIS 875 (Ind., 2006); US Supreme Court certiorari denied by 2007 U.S. LEXIS 2326 (U.S., Feb. 20, 2007) – Obtained dismissal of medical malpractice complaint after filing a preliminary determination of law when plaintiff failed to obtain an expert.
  • Alexander v. PSB Lending Corp., 800 N.W. 2d 984 (Ind. Ct. App. 2003) LEXIS 2413, trans. denied 812 N.E.2d 805, 2004 Ind. LEXIS 487 (Ind., May 21, 20014) – Local counsel in a case involving alleged violations of the Indiana Uniform Consumer Credit Code associated with origination fees charged on second mortgage loans.
  • Deaconess Hosp., Inc. v. Gruber, 791 N.E.2d 841 (Ind. Ct. App. 2003) LEXIS 1252 – Interlocutory appeal in a wrongful death claim regarding an issue of dependency.
  • Hopster v. Burgeson, 750 N.E.2d 841 (Ind. Ct. App. 2000) LEXIS 1084 – Wrongful death medical malpractice action involving statute of limitations issues.
  • Southwood v. Carlson, 704 N.E.2d 163 (Ind. Ct. App. 1999) LEXIS 18 – Medical malpractice case in which summary judgment in favor of the healthcare providers was affirmed where plaintiff failed to respond to the healthcare providers’ motions for summary judgment within 30 days as required by Trial Rule 56.
  • Carroll by Carroll v. Jagoe Homes, Inc., 677 N.E.2d 612 (Ind. Ct. App. 1997) LEXIS 229, trans. denied August 22, 1997 – Premises liability case involving attractive nuisance doctrine and creation of a latent danger.
  • Vogler v. Dominguez, 624 N.E.2d 56 (Ind. App. 1993) LEXIS 1428, trans. denied April 19, 1994 – Medical malpractice action involving sufficiency of expert testimony and the doctrine of res ipsa loquitur.

Michele S. Bryant - Partner

Practice Areas
  • Business Disputes
  • General Litigation & Dispute Resolution
  • Health Care
Industries Served
  • Dental Practices
  • Health Care
Professional Profile

Michele has been a lawyer for over 25 years, remaining true to the core values of her practice; excellent legal skills provided responsively and efficiently to clients whose best interests steer the course.  Whether advocating for a client at trial, providing legal counsel regarding disputes and business decisions, or dealing with an adversary, Michele maintains a professional and courteous demeanor, actively listens, and takes pride in meticulous preparation.

Michele has developed extensive experience in the defense and trial of claims against medical professionals, including physicians, nurses, dentists, nurse practitioners, mental health professionals, health care providers rendering services in jails/prisons, and allied health professionals.  She also represents health care facilities such as hospitals, nursing homes, and rehabilitation centers.  She has been selected as an Indiana Super Lawyer in the area of medical malpractice defense in 2011, 2012, 2013, 2014, and 2015.

As a healthcare lawyer, Michele advises hospitals, nursing homes, hospices, rehabilitation facilities, and medical office practices on a wide range of employment and regulatory issues such as physician contracting and compensation, physician recruitment, hospital medical staff matters, credentialing and peer review, professional licensure, bylaws and policies, patient privacy, impaired or disruptive professionals, fraud and abuse, and risk reduction programs.  She is a frequent speaker on topics including medical documentation and trial tactics.  Michele also assists with training programs for medical school residents, nurses, and social workers on legal issues applicable to their professional development.

Michele’s litigation experience is not limited to medical negligence claims.  She also represents businesses, individuals, and insurance companies in a variety of matters including civil rights actions, automobile and trucking accidents, premises liability claims, contract disputes, and food safety/food poisoning claims.

Representative Matters:

Health Care Litigation

  • Defense of radiologist in a failure to diagnose brain tumor
  • Defense of hospital in claim involving pressure ulcers requiring plastic surgery
  • Defense of nurse practitioner and jail nurse in claim by inmate of civil rights violations under Section 1983 and state law negligence for failure to diagnose and treat spinal stenosis leading to permanent paralysis
  • Defense of surgeons in claims involving surgical complications, bleeding, and death
  • Defense of nursing homes in cases involving patient falls and pressure ulcers
  • Defense of hospital in cases involving novel infections, such as H1N1
  • Defense of medical professionals in claims of failure to communicate test results, laboratory test, and imaging studies
  • Representation of hospitals and nursing homes in claims of failure to provide adequate staffing
  • Defense of family practice physician in claim of failure to diagnose breast cancer

General Healthcare Legal Advice

  • Hospital medical staff issues
  • Physician recruitment and employment
  • Mental health unit issues such as forced medications, enhanced privacy regulations, and emergency detentions
  • HIPAA and HITECH
  • Professional licensing
  • National Practitioner Data Bank reporting requirements
  • Advanced Practice Nurse Collaborative Agreements
  • Assistance with trauma program development and certification
  • On call coverage agreements
  • Hospice regulatory issues, physician agreements, and medical director agreements

General and Business Litigation

  • Represented insurance agency in covenant not to compete litigation
  • Represented insurance agent in claim by business of failure to procure workers compensation coverage prior to death of employee of business
  • Involvement with food safety claims including restaurant food poisoning and farm product contamination claims involving FDA investigation
  • Representation of parties in automobile and trucking accidents, including both claimant and defendant
  • Representation of a construction company in claim that a residential construction site was negligently maintained causing injury to trespassing child

Presentations, Speeches, and Publications

  • Presenter, "Clinical Communication and Documentation," National Association of Social Workers, Indiana Chapter (September 2014)
  • Author, "Is My Patient Recording This?"
  • Author, "Physician Liability for Acts of Nurse Practitioners"
  • Guest Lecturer, "Clinical Documentation and Liability" and "Advanced Directives," University of Southern Indiana Senior Nursing Students (February 2014)
  • Author, " Physicians Beware:  Are Your Personal Assests at Risk in a Medical Malpractice Case?"  (October 2013)
  • Presenter, Risk Management and Legal Issues for Physicians, Deaconess Hospital Residency Program (June 2013)
  • Evansville Bar Association Applied Professionalism, "Judges and Lawyers Assistance Program" (January 2013)
  • Indiana Continuing Legal Education Forum (ICLEF) Applied Professionalism, "Keeping Your Cool:  Maintaining Civility at All Times" (Panel) (November 2011, 2010 and 2009)
  • Evansville Bar Association, "60 Minutes to Better Direct Examination" (February 2009)
  • Evansville Bar Association Dialogue Between the Bench and Bar, "Practical Advice on Mediation from the Defense" (March 2008)
  • Evansville Bar Association Applied Professionalism, "JLAP:  Protecting Our Best Assets:  Competent, Effective Legal Professionals" (January 2007)
  • Evansville Bar Association Hot Topics, "Medical Malpractice:  Defense Perspective" (December 2005)
  • ICLEF, Trial Tactics and Objections, "Discovery Stages:  Interrogatories and Depositions" (December 2001)
  • ICLEF, "Legal Ethics for Litigators" (December 2000)
  • Evansville Bar Association, "Medical Malpractice Tips" (September 1999)

Reported Cases

  • Harper v. Hippensteel, 994 N.E.2d 1233 (Ind. Ct. App. 2013) LEXIS 462 – Summary judgment affirmed in a case involving lack of physician-patient relationship and lack of duty owed by physician to patient of nurse practitioner with whom physician had entered into a Collaborative Practice Agreement for Prescriptive Authority.
  • Beard v. Dominquez, 847 N.E.2d 1054 (Ind. Ct. App. 2006) LEXIS 991; trans. denied 860 N.E. 2d 592, 2006 Ind. LEXIS 875 (Ind., 2006); US Supreme Court certiorari denied by 2007 U.S. LEXIS 2326 (U.S., Feb. 20, 2007) – Obtained dismissal of medical malpractice complaint after filing a preliminary determination of law when plaintiff failed to obtain an expert.
  • Alexander v. PSB Lending Corp., 800 N.W. 2d 984 (Ind. Ct. App. 2003) LEXIS 2413, trans. denied 812 N.E.2d 805, 2004 Ind. LEXIS 487 (Ind., May 21, 20014) – Local counsel in a case involving alleged violations of the Indiana Uniform Consumer Credit Code associated with origination fees charged on second mortgage loans.
  • Deaconess Hosp., Inc. v. Gruber, 791 N.E.2d 841 (Ind. Ct. App. 2003) LEXIS 1252 – Interlocutory appeal in a wrongful death claim regarding an issue of dependency.
  • Hopster v. Burgeson, 750 N.E.2d 841 (Ind. Ct. App. 2000) LEXIS 1084 – Wrongful death medical malpractice action involving statute of limitations issues.
  • Southwood v. Carlson, 704 N.E.2d 163 (Ind. Ct. App. 1999) LEXIS 18 – Medical malpractice case in which summary judgment in favor of the healthcare providers was affirmed where plaintiff failed to respond to the healthcare providers’ motions for summary judgment within 30 days as required by Trial Rule 56.
  • Carroll by Carroll v. Jagoe Homes, Inc., 677 N.E.2d 612 (Ind. Ct. App. 1997) LEXIS 229, trans. denied August 22, 1997 – Premises liability case involving attractive nuisance doctrine and creation of a latent danger.
  • Vogler v. Dominguez, 624 N.E.2d 56 (Ind. App. 1993) LEXIS 1428, trans. denied April 19, 1994 – Medical malpractice action involving sufficiency of expert testimony and the doctrine of res ipsa loquitur.
Bar and Court Admissions
  • Admitted to the Indiana Bar and U.S. District Courts for the Southern and Northern Districts of Indiana
  • Admitted to the Bars of the United States Courts of Appeals for the Seventh Circuit and the United States Supreme Court
Education
  • DePauw University (B.A., Political Science, 1986)
  • Indiana University Maurer School of Law (J.D., 1988)
Professional Associations & Achievements
  • Defense Trial Counsel of Indiana, Vice-President
  • Appointed by the Indiana Supreme Court to Indiana Judges and Lawyers Assistance Program Committee (2005-2013)
  • Recipient of the Indiana State Bar Association’s Women in the Law Committee Recognition Award (2010)
  • Recipient of the Evansville Bar Association’s Doran E. Perdue Service Award (2009)
  • Named an Indiana Super Lawyer 2011 - 2016
  • Rated AV ® Preeminent ™, Martindale-Hubbell ®
  • Chair, Evansville Bar Association Lawyer Assistance Committee
  • Defense Research Institute
  • American Health Lawyers Association
  • Bar Association of the Seventh Federal Circuit
  • Evansville and Indiana State Bar Associations
Personal
  • Michele was raised in Martinsville, Indiana. She played Division III basketball and softball at DePauw University. She and her family live in Newburgh, Indiana, where she enjoys coaching youth sports and being active in her church, Aldersgate United Methodist. Her community involvement includes the Northside Evansville Kiwanis Club, where she has served as President of the Club’s Foundation since 1999. She also is a member of the Board of Directors of Meals on Wheels.

Practice Areas
Business Disputes
General Litigation & Dispute Resolution
Health Care
Industries Served
Dental Practices
Health Care
Bar & Court Admissions
Admitted to the Indiana Bar and U.S. District Courts for the Southern and Northern Districts of Indiana
Admitted to the Bars of the United States Courts of Appeals for the Seventh Circuit and the United States Supreme Court
Professional Associations & Achievements
Defense Trial Counsel of Indiana, Vice-President
Appointed by the Indiana Supreme Court to Indiana Judges and Lawyers Assistance Program Committee (2005-2013)
Recipient of the Indiana State Bar Association’s Women in the Law Committee Recognition Award (2010)
Recipient of the Evansville Bar Association’s Doran E. Perdue Service Award (2009)
Named an Indiana Super Lawyer 2011 - 2016
Rated AV ® Preeminent ™, Martindale-Hubbell ®
Chair, Evansville Bar Association Lawyer Assistance Committee
Defense Research Institute
American Health Lawyers Association
Bar Association of the Seventh Federal Circuit
Evansville and Indiana State Bar Associations