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Cutshaw, David J.

David J. Cutshaw - Indianapolis, IN

Attorney at CohenMalad, LLP

Medical Malpractice Lawyers in Indianapolis, IN

One Indiana Square Suite 1400 Indianapolis, IN 46204

Indianapolis Medical Malpractice Lawyer

Updated: 09/28/2026

Areas of Practice

  • Medical Malpractice
  • Personal Injury
  • Business Services, Real Estate & Business Litigation

Attorney Information

Overview

Attorney David J. Cutshaw retired in 2026 after nearly 45 years of practicing law, all of which were at CohenMalad, LLP where he was an Equity Partner and served as Chair of the Medical Malpractice group.

David concentrated his practice in the areas of medical malpractice litigation; class action litigation; complex litigation; and commercial litigation. He tried several jury trials. Most of his jury trials were in the area of medical malpractice litigation.

David’s medical malpractice work included litigation against former Merrillville ENT surgeon, Mark Weinberger. David obtained a global settlement for more than 280 plaintiffs in claims of medical malpractice, unnecessary surgery, and patient abandonment. He is also co-lead counsel in over 260 claims against an Indiana cardiology group which is alleged to have unnecessarily implanted pacemakers and defibrillators and performed unnecessary left heart catheterizations and stenting.

David was named as an Indiana Super Lawyer every year from 2004-2026 in the practice area of Class Action/ Mass Torts.

David has also been named a 2013 Indiana Local Litigation Star by Benchmark Plaintiffs for his work in Personal Injury, Medical Malpractice, Product Liability and General Commercial litigation.


Awards and Honors

Honors

  • Indiana Super Lawyers, 2004-2026, Top 50 List 2016
  • Indiana Local Litigation Star, Benchmark Plaintiffs, 2013-2015
  • Distinguished Barrister, Indiana Lawyer Newspaper, 2013
  • Best Lawyers, Woodward/White Inc., — Personal Injury Litigation- Plaintiffs; Mass Tort Litigation/Class Actions- Plaintiffs; Medical Malpractice- Plaintiffs 2014-2021
  • AV Preeminent Peer Review Rating, Martindale-Hubbell

Education

Legal Education

  • Indiana University School of Law, Indianapolis, Indiana, 1982
    J.D.

Non Legal Education

  • University of Indianapolis, Indianapolis, Indiana, 1978
    B.A.
    Honors: Four-year letter winner Track
    Honors: Two-year letter winner Football
    Major: English
    Major: Political Science

Current Employment Position(s)

  • (Retired) Former Equity Partner & Chair

Past Positions

  • Cohen & Malad, P.C., Law Clerk/Associate, 1980 - 2002
  • Cohen & Malad, LLP, Partner, 2002 - Present

Languages

  • English

Classes and Seminars

  • Securities Law Update, ICLEF, 1997
  • Class Action Litigation, ICLEF, 1998
  • Class Action Litigation, NBI, 1999
  • Medical Malpractice, NBI, 1999
  • Securities Litigation, 2001

Representative Clients

  • Standard Management Corporation and its subsidiaries

Representative Cases

  • Weinberger, et al. v. Boyer, 956 N.E.2d 1095 (Ind. Ct. App. 2011), trans. denied
  • Weinberger, et al. v. Gill, 2013 WL 372641 (Ind. Ct. App., Jan. 31, 2013)
  • Time Warner v. Whiteman, 2004 WL 203444 (Ind.)
  • Core Funding Group, LLC v. Young, 792 N.E. 2d 547 (Ind. Ct. App. 2003)
  • Vandeventer v. All American Life & Cos., 101 S.W. 3d 703 (Tex.App. 2003)
  • Associated Medical Networks, Ltd. v. Lewis, 785 N.E. 2d 230 (Ind. App. 2003)
  • Stransky v. Cumins Engine Co., Inc., 51 F. 3d 1329 (7th Cir.1995)
  • In re Greenwood Air Crash, 873 F. Supp. 1257 (S.D. Ind. 1995)
  • Collins v. Covenant Mutual Ins. Co., 644 N.E. 2d 116 (Ind. 1994)
  • Morey v. Bravo Productions, Inc. P.93554 Fed. Sec. L. Rep. (S.D.N.Y. 1987)
  • American Cyanamid v. Stephen, 623 N.E. 2d 1065 (Ind. App. 1993)
  • American Cyanamid v. Stephen, 600 N.E. 2d 1387 (Ind. App. 1992)
  • Gregory v. Home Ins. Co., 876 F. 2d 602 (C.A. 7 (Ind.) 1989)
  • Dudley v. Ski World Inc., 1989 WL 73207 and 73208 (S.D. Ind. 1989)

Published Works

Articles

  • Indiana Civil Trial Guide (Editor and Contributing Author), Matthew Bender, 1992

Bar Admissions

  • Indiana, 1982
  • U.S. Federal Courts, 1982
  • U.S. District Court Northern District of Indiana, 1982
  • U.S. District Court Southern District of Indiana, 1982
  • U.S. Court of Appeals 7th Circuit, 1984

Other Affiliations

  • Indiana State Bar Association, Member Since: 1982-2025
  • Indianapolis Bar Association, Member Since: 1982-2025
  • Indiana Trial Lawyers Association, Member Since: 1998-2025
  • 7th Circuit Bar Association, Member Since: 1984-2025

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Contact

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Indianapolis, IN

One Indiana Square
Suite 1400
Indianapolis, IN 46204

Directions

Phone Number: 463-634-6875

Email: Send a message

Hours: Monday-Friday, 8a-5p EST

  • Credit Cards Accepted
  • Virtual Appointments

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