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Indiana Medical Malpractice Questions & Answers
0 Answers | Asked in Medical Malpractice and Health Care Law for Indiana on
Q: Can you sue a hospital or Doctor for mother and father getting no skin to skin with newborn with no medical emergencies?

My fiance had her baby in the E.R with no privacy , curtains where she was giving birth was wide open leaving her exposed as employees watched my fiance give birth, there were no medical problems for either mother or child ,which my fiance should have gotten her skin to skin immediately/golden hour... Read more »

1 Answer | Asked in Medical Malpractice for Indiana on
Q: I was prescribed 20 opioids for teeth being pulled and the pharmacy gave me 140 can I sue them
Tim Akpinar
Tim Akpinar
answered on Mar 24, 2022

An Indiana attorney could advise best, but your post remains open for four weeks. At this point, you could reach out to law firms to discuss, but one of the issues that could likely come up is whether the instructions for taking the medications were clear enough despite the error, and what damages... Read more »

1 Answer | Asked in Criminal Law and Medical Malpractice for Indiana on
Q: My boyfriend overdosed on heroin in September of 2021 and is being charged a F6 Syringe. Is there any laws that protect

Me from being prosecuted if I called 911 administered the narcan but then claimed the syringe as my own?

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Feb 15, 2022

There are statutory protections for those that help others who are overdosing. However, if there are facts/events that do not fall within the statutory protections, it may be possible for you to be prosecuted. You should consult with a criminal defense attorney.

2 Answers | Asked in Personal Injury and Medical Malpractice for Indiana on
Q: Is it malpractice if my specialist has not ordered a refill of a medication that is very dangerous to stop cold turkey?

I take pregablin for fibromyalgia. I called for my rheumatologist to send a refill to my pharmacy on Friday, called again Monday & they called back stating he couldn't get it to go through his computer. They offered to 'try again tomorrow'. I called today & the phone nurse... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 20, 2022

An Indiana attorney could advise best, but your post remains open for two weeks. I'm sorry for your ordeal. Your best option to determine the merits of a potential case would be to reach out to med mal law firms. However, despite the anguish you experienced, if the damages you sustained were... Read more »

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Q: What is criteria to file a malpractice claim in the state of Indiana?

The doctor misdiagnosed my injury, delayed my treatment, and altered my restriction paperwork with my knowledge. Which I believe all of these act to be intentional base on audio recordings of our conversation ( the doctors contradictions on treatment) this was all due to my former employer who... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 28, 2022

An Indiana attorney could advise best, but your question remains open for a week. Until you have a meaningful consult with an Indiana attorney based on state-specific elements of law, the criteria for med mal claims are fairly standard throughout the nation in the most general sense. The criteria... Read more »

1 Answer | Asked in Legal Malpractice, Medical Malpractice, Personal Injury and Products Liability for Indiana on
Q: How to find an attorney for malpractice tort?

I filed a complaint with attorney general's office Indiana about sub standard treatment. Which resulted in harming me more. Consequently, the outpatient clinic retaliated. Their actions didn't just exclude being treated by their facility, it effectively denied me treatment at any... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 1, 2021

Only an Indiana attorney could advise here because statutes of limitations for med mal and other actions are governed by state law, but your question remains open for a week. You may want to consider reaching out to a local attorney to discuss in detail, and examine the legal theories on which you... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Indiana on
Q: I have a medical malpractice lawsuit going on since January 2020 and my attorney does not share anything about my case?

My attorney has all my information, records, testimonials, and more I have depression and anxiety not to mention the injury from the medical malpractice I have to always seek him and when I talk to him all he says is we're waiting and I have been since January 2020 I don't know the... Read more »

Charles Candiano
Charles Candiano
answered on Oct 1, 2021

If suit was filed in January, 2020, you may or may not have secured service of process before the Courts closed. All Indiana Civil Courts were closed for several months. Case activity depended heavily on jurisdiction and whether the Parties were comfortable with Zoom or other electronic media... Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for Indiana on
Q: How long of Malpractice can you sue?

When I was 15 I was pregnant. I told the OBGYN (In the office every visit you saw a different OB it rotated between 2 OBGYN and 1 Midwife. I spoke to 1 and stated I did not believe I was as far along as stated and requested another ultrasound. It was denied and the head OBGYN stated he'd... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 1, 2021

Only an Indiana attorney could advise, but your question remains open for a week. I'm sorry for your ordeal with the case and for the loss of your father. Statutes of limitations are governed by state law, which is why only an Indiana attorney could advise. Some states do have tolling of... Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for Indiana on
Q: I was medically neglected and injured do to there neglect that resulted in death a week later

I just need call

Tim Akpinar
Tim Akpinar
answered on Jun 26, 2021

An Indiana attorney could advise best, but your post remains open for a week. Something isn't clear from the wording of the description. It could be difficult for an attorney to call you, as you requested in the post. This forum doesn't work like an attorney referral service where... Read more »

1 Answer | Asked in Medical Malpractice for Indiana on
Q: I am a quadriplegic and have been in the chronic pain and urinating all over myself for almost a year.

So I went to the urologist Dr and he made me an appointment to come back and get put under anesthesia to take a camera up my urethra look in my bladder to see what's going on. Well I woke up and they said everything was fine and not worry about it. So I made an appointment for about a month... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 8, 2020

An Indiana attorney could advise best, but your post remains open for four weeks. I'm sorry for your ordeal. You could reach out to Indiana med mal attorneys to discuss in further. Attorneys in this field typically offer free initial consults. If an attorney identified the basis for a case,... Read more »

1 Answer | Asked in Personal Injury, Medical Malpractice and Sexual Harassment for Indiana on
Q: My family dr wellness checkup asthma checkup nurse steps out he ask me disrobe sticks speculum inside me then his two

Fingers. He knew two years prior planned parenthood did paps since 13 yr. also I check at age 40 paps are done 3-5 yrs he knew I had one yr before so he intentionally sexual misconduct. I reported it to nurse on other side building 4 days later also MHS case manager and dr that had me report to... Read more »

James Avery
James Avery
answered on Jun 27, 2020

A sexual assault which should be reported to the local police or Sheriff office. Send certified letter with all the details of they won’t take your statement. Get therapy through Victims Assistance if you can not afford it.

1 Answer | Asked in Medical Malpractice for Indiana on
Q: how can I look for a lawyer had a surgery in September the doctor cut a muscle that was not supposed to be cut

so now I have accidents two other specialists have seen me and do not understand why that muscle was cut it is unrepairable

Tim Akpinar
Tim Akpinar
answered on Jul 12, 2020

I'm sorry for your ordeal. You can look here on Justia in the Find-a-Lawyer section (the tab above to the left) under Indiana Medical Malpractice attorneys in the Fort Wayne area, or you could conduct your own independent searches on the Internet or other media. You could also look into the... Read more »

1 Answer | Asked in Medical Malpractice for Indiana on
Q: Is it leagal for a doctor to give false information to you of what is in a ultrasound report?

There was a previous report to compare she didn’t want to look at it. And she said septated cysts were not on my left ovarie I was trying to ask questions finally she looked at the paper and looked at me and said yes left side is septated I asked if I callus see the report and she left the room.... Read more »

Tim Akpinar
Tim Akpinar
answered on May 28, 2020

I'm sorry for your ordeal. This is really something on which an Indiana attorney could advise best, but your post remains open for four weeks. You have the right to straightforward and honest answers about your medical concerns. You also have the right to see your medical records. You could... Read more »

1 Answer | Asked in Consumer Law, Personal Injury, Civil Rights and Medical Malpractice for Indiana on
Q: if i wanted to file a lawsuit against a medical provider for refusing service to me. How can I?

I went to this provider and stated that I had pain in a particular area of my body. He roughly and unexpectedly tapped the area with his instrument causing immediate pain to me and I reacted by coming up out of my seated position, to the Dr.'s alarm. I immediately and angrily said to him... Read more »

James Avery
James Avery
answered on Apr 23, 2020

You have to start by filing a complaint with the Commissioner of Insurance. Go to the website to get the particulars.

1 Answer | Asked in Medical Malpractice, Civil Rights and Health Care Law for Indiana on
Q: Does a jail have to get a prescription to put an inmate on a medication?

I was recently arrested and while being incarcerated the jail put me on a medication called Zyprexa without speaking to any medical staff or doctor. I don't have any prescriptions that I'm supposed to take. The medication they put me on caused extremely visual hallucinations. They gave me... Read more »

James Avery
James Avery
answered on Apr 2, 2020

You should not be forced to take medications, especially when they are not prescribed by a physician. This violates the 8th Amendment prohibition against cruel and unusual punishment.

1 Answer | Asked in Medical Malpractice for Indiana on
Q: I developed PTSD and slowly the symptoms started to increase. My psychiatrist failed to diagnose cause irreputable damag
Tim Akpinar
Tim Akpinar
answered on Dec 22, 2019

It didn't look like there was a question here; something may have gotten cut off in uploading. However, if you are wondering if you have the grounds for a med mal case, it isn't possible to say based on the brief facts provided. It looks like you are describing a failure to diagnose... Read more »

1 Answer | Asked in Family Law, Civil Rights, Health Care Law and Medical Malpractice for Indiana on
Q: Please, how do I obtain a Psychiatric Advanced Directive? And will it even work?

I've been asking or this for years.

Jonathan Armiger
PREMIUM
Jonathan Armiger
answered on Oct 9, 2019

Indiana Code sections 16-36-1.7-0.5 to 16-36-1.7-5 deal with Psychiatric Advance Directives, including requirements to execute a directive as set forth in Indiana Code section 16-36-1.7-2. You can view these and other Indiana Code sections online using this website:... Read more »

1 Answer | Asked in Consumer Law, Criminal Law and Medical Malpractice for Indiana on
Q: By law, do patients have privacy rights?

Can a physician give out private information to a third party, such as law inforcement, beyond the obvious (not a threat to oneself or others)? In other words, can a criminal case be dismissed based on a violation of privacy on account of a physician? Personal information was given out without my... Read more »

Paul Stanko
PREMIUM
Paul Stanko
answered on Feb 24, 2019

Any such violation of your privacy rights would come under Fourth Amendment analysis. The appropriate sanction would be suppression of the evidence, not dismissal of charges. Of course, suppression of evidence can often result in the State being unable to proceed, and thus dismissal.

1 Answer | Asked in Medical Malpractice for Indiana on
Q: Do I have a medical malpractice case?

I went in for my first ultrasound at 8 weeks and the ultrasound tech lead me to believe that everything was fine. I went in 2 weeks later to the emergency room because I had some spotting and cramps the emergency room did an external ultrasound and a fetal Doppler but told me that it was normal not... Read more »

T. J. Jesky
T. J. Jesky
answered on Oct 20, 2018

First of all, it sounds that you been through some tough times. In order to have a malpractice case, you would need to show negligence. I am not sure you present enough facts to determine negligence. It doesn't make sense to me that they would confuse your heart beat with the fetus'... Read more »

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