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Indiana Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for Indiana on
Q: If you go to am emergency room and are misdiagnosed and then treated in the wrong way then causing you to suffer

Excruciating pain for several weeks would there be a case against the hospital, radiologist and doctor?

Tim Akpinar
Tim Akpinar
answered on Nov 9, 2024

An Indiana attorney could advise best, but your question remains open for a month. Until you are able to consult with a local attorney, the short answer is that these settings are fact-specific. It would depend on the severity of injury and level of misdiagnosis. The fundamental question would be... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Indiana on
Q: Can I sue my former middle school for an injury that happened 16 years ago

I got a severe concussion when I was 13 at school. The school were negligent with my care and refused to call an ambulance or my parents. I since have developed severe chronic migraines, anxiety, and fatigue. I have lost multiple jobs because of my health issues

Charles Candiano
Charles Candiano
answered on Oct 28, 2024

The statute of limitations closed on your 20th birthday. You had 7 years to bring the claim. You do not state the circumstances surrounding the concussion. If the school's culpability is limited to its failure to call an ambulance or your parents, it is unlikely that you would have been able... View More

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights, Medical Malpractice and Personal Injury for Indiana on
Q: Did DCS and the hospital wrongfully remove a baby? Asking from Indiana.

My sister had a baby in the hospital two years ago. A first time parent. She had no drugs or alcohol in her system. She was asking for a lot of help. And had post partum. Her family came and was told everything was fine but nurses said otherwise. They said there concerns for her ability to properly... View More

James L. Arrasmith
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answered on Mar 24, 2024

If your sister's situation unfolded as described, it could potentially involve wrongful actions by the hospital staff and the Department of Child Services (DCS). It is concerning if a social worker practicing with an expired license was involved in the decision-making process, as this could... View More

1 Answer | Asked in Civil Litigation, Personal Injury and Medical Malpractice for Indiana on
Q: My GI doctor marked two boxes on my pre-screen for sedation before my scope procedures that is false information.

The boxes marked were intolerance to sedation previously and chronic benzodiazepine and narcotics. These are absolute lies. There were no adverse effects from previous scopes only a year prior and no drug use of any kind, besides tobacco, is on any of my medical history. Why would he mark these... View More

James L. Arrasmith
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answered on Jan 1, 2024

In Indiana, if a medical professional inaccurately marks your medical records, it can raise serious concerns, particularly if it affects your care and safety. The reasons for marking those specific boxes on your pre-screen for sedation as intolerance to sedation and chronic use of benzodiazepines... View More

2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for Indiana on
Q: What's the statue of limitation on a injury that occurred in high school 40 years ago from the fall of 1983?

A student suffered a fall back in the fall of 1983. The school nurse neglected to have the student checked out at the hospital. Had the school done that and to have the hospital done an x-ray on the right arm, the hospital would have discovered a fracture on the elbow. If addressed, this would have... View More

Charles Candiano
Charles Candiano
answered on Dec 15, 2023

The answer to your question is an unequivocal "NO." I am not familiar with the Indiana school for the deaf. If it is a private school, the statute of limitations ran on your 20th birthday. If it is a public school, you would be suing an arm of the state of Indiana so you would be... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for Indiana on
Q: I want to sue Jefferson County Jail in Madison Indiana for violating my 8th and 14th ammendment rights.

I was arrested on August 11th and when I was being booked in the jail I told the nurse I am on psychiatric medications for severe anxiety,mental illness,PTSD and seizures,I'm prescribed Kolodapin 3 1mg per day,Zoloft 200mg per day and Adderall 20mg twice a day and been on 3 8mg of Suboxone for... View More

James L. Arrasmith
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answered on Oct 29, 2024

I'm truly sorry you're going through this. It's important to reach out to a lawyer who has experience with civil rights and inmates' rights cases. They can guide you on the best steps to take and help protect your rights.

Make sure to gather all relevant documents,...
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1 Answer | Asked in Medical Malpractice, Personal Injury and Small Claims for Indiana on
Q: Do I have to sign a non-disclosure agreement if I was injured by a medical mistake?

I went to get a TB test for a job and ended up in the hospital an hour later because they injected insulin instead of tuberculin. I didn’t know that until the doctors said I went into insulin shock from exogenous insulin in my body. I recovered after 2 nights in the hospital. I’m asking for... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 29, 2024

The language of a release is up to negotiation in settlement of a case, just like the amount is. You do not have to agree to the terms and they may either agree to exclude the language or refuse to settle.

1 Answer | Asked in Medical Malpractice for Indiana on
Q: Is Medical malpractice with insurance companies possible?
Gail N. Friend
Gail N. Friend
answered on May 6, 2024

Your question is confusing. Are you asking whether an insurance company can commit medical malpractice?

or

Can you obtain medical malpractice insurance?

As to the first -- medical malpractice pertains to healthcare providers and practitioners.

As to the second -...
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2 Answers | Asked in Health Care Law and Medical Malpractice for Indiana on
Q: i came in to the er room with a seizure and they let me get up to go to the bathroom without assistance and then i fell

and now i have a compresion fracture in my back.what can i do about this.

Joel Gary Selik
Joel Gary Selik
answered on Feb 25, 2024

May have a malpractice case against the hospital. Consult with experienced Malpractice attorneys in the state where this occurred.

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2 Answers | Asked in Medical Malpractice and Personal Injury for Indiana on
Q: Am I able to sue some medical providers for malpractice for leaving staples in my foot?

I broke my foot. My foot was operated on by an orthopedic surgeon and a plastic surgeon. I was originally informed that they would be cutting my foot open and taking a piece of skin from my thigh to do a skin graft. However, they actually just cut some skin off the top of my foot to cover up the... View More

Charles Candiano
Charles Candiano
answered on Oct 31, 2023

The simple answer to your question is yes. Unfortunately, you can sue nearly anyone for nearly anything. If your real question is whether you have a viable claim (one where you will probably recover more money than you will spend), it is unclear without many more details. "Staples" can... View More

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2 Answers | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for Indiana on
Q: How do I file complaint for my son not receiving his prescribed medications in franklin county indiana jail

Diagnosed with Graves disease in 2016, on daily prescribed meds until being incarcerated on Aug 29. Facility not giving him his prescribed medication since Aug 29th.

T. Augustus Claus
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answered on Sep 28, 2023

In Indiana, first contact the Franklin County jail administration to file a complaint about your son not receiving his medication. If that fails, consider filing a complaint with the Indiana Department of Correction Ombudsman. In urgent cases, consult an attorney experienced in prisoners'... View More

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1 Answer | Asked in Medical Malpractice for Indiana on
Q: if a family doctor orders upper and lower colonoscopy but the other doctor that does test only does one and not other

my family doctor ordered a upper and lower for same time the other doctor did not do both only one then lied to me and said he did do both but only shows he done lower

Joel Gary Selik
Joel Gary Selik
answered on Sep 2, 2023

While this is likely malpractice, it may not be sufficient harm to warrant a case; consult with a medical malpractice attorney.

2 Answers | Asked in Medical Malpractice and Personal Injury for Indiana on
Q: Do I have a medical malpractice case?

I gave birth in May of 22. It was a planned c-section. After c-sections nurses are supposed to come and press on your stomach to make sure you don't form a clot in your uterus. My nurses didn't do this, and I formed a blood clot that caused me to hemorrhage pretty badly. I believe it was... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 13, 2023

Yes there is a potential case. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Due to the nature of medical malpractice cases, the extent of your injuries may effect the... View More

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Health Care Law and Medical Malpractice for Indiana on
Q: I am being court ordered to remain under psychiatric care under false pretenses. Is this legal? Can I fight it?

A psychiatrist I haven't seen in 3 years filed a motion to continue treatment, under false claims that I'm a danger to myself and others, and don't have what I need to eat, that I have no clothing or shelter. All of this is substantially false. If I don't appear as directed, I... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 11, 2023

Yes you can fight it with proper legal action to show why they are wrong.

Consult with experienced attorneys in the state where this occurred.

1 Answer | Asked in Personal Injury and Medical Malpractice for Indiana on
Q: Infection in mouth led to dentist put me on antibiotics. Then root canal but bc infection more anti led to cdiff 4 times

He missed a canal causing 3 rounds of antibiotics now 4 bouts of cdiff. Negligence?

Joel Gary Selik
Joel Gary Selik
answered on Aug 2, 2023

Yes this may be malpractice. Another dentist would need to review the records, and possibly examine you, to state if the dentist breached the standard of care.

Additionally, due to the nature of malpractice cases, the extent of your damages will effect the case's viability.

2 Answers | Asked in Medical Malpractice and Personal Injury for Indiana on
Q: Wondering how hard it is to prove medical malpractice; misdiagnosis on grounds of profiling and discrimination

I am currently speaking and possibly seeking an attorney to hire regarding A misdiagnosis, as well as mistreatment/ discrimination that led to me almost becoming paralyzed or even possible death. I am an addict and during a long length of sobriety I had my medical history flagged to not administer... View More

Joel Gary Selik
Joel Gary Selik
answered on May 8, 2023

Due to the nature of medical malpractice cases, most attorneys will not take on medical malpractice case unless there is significant harm caused by the malpractice (for example, what further damage was done during delay). Pain, even horrible pain, may not be sufficient for an attorney to take a... View More

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2 Answers | Asked in Health Care Law, Medical Malpractice and Wrongful Death for Indiana on
Q: Question about obtaining medical records from the Hospital when someone has passed away

My mother is trying to get medical records for my dad who had passed away 2 weeks ago from a fall in the Hospital however after signing to get the records, they had sent a letter back saying that they are not allowed to give them to her (even though she is the spouse) because she is not the power... View More

Jonathan Armiger
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Jonathan Armiger
answered on Feb 13, 2023

Assuming no personal representative has been appointed for your father's estate, your mother is entitled under Indiana law to obtain the records. Below is the code cite/law that supports your mother's right to obtain the records. (Sometimes medical providers will require an affidavit or... View More

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1 Answer | Asked in Medical Malpractice for Indiana on
Q: Where can I find information on malpractice lawsuits?

I was referred to a surgeon and have learned through a family member at another hospital that this surgeon has had past lawsuits against her. I have looked at the courts on-line but they don't seem to list malpractice cases.

Joel Gary Selik
Joel Gary Selik
answered on Jan 31, 2023

Many states have medical boards where you can search a doctors discipline history. Additionally, many courts have online listen cases were you can search buy a doctors name.

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... View More

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... View 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... View More

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