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Indiana Medical Malpractice Questions & Answers

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 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 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' heart beat.... Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for Indiana on

Q: Is it malpractice if surgeon had open wound while doing surgery?

It was a dog bite...patient contracted MRSA then sent home to treat it didn’t get better. Had to call the ambulance because of low blood pressure yellowing skin and eyes and then it advanced to sepsis. Multiple organ failure and slipped into partial coma. He called an ambulance 3 times before... Read more »

Chase T Wilson answered on Feb 16, 2018

I'm not sure if this would be considered medical malpractice or not. Your best bet would be to call the Indiana Bar Association and get a referral to a med-mal lawyer.

1 Answer | Asked in Personal Injury and Medical Malpractice for Indiana on

Q: My plastic surgeon made a drain for an incision out of a latex glove can I sue the surgeon

I had a Brazilian butt lift and my body I guess rejected the surgery and I've had a total of 10 drainage tubes put in my body and the day after surgery when my doctor told me he was putting in a drain so it would leave an incision open to drain out into a diaper. As I was showering a piece of a... Read more »

Peter N. Munsing answered on Feb 12, 2018

Only if you can show that it caused a problem that wasn't there or wouldn't be there if he hadn't. If you have had 10 drainage tubes and still have them I think you want to see if you have an infection or if you need to see and infectious disease specialist.

1 Answer | Asked in Medical Malpractice for Indiana on

Q: What to expect our first visit with the lawyer after she has reviewed medical records

The lawyer that had been going over our sons medical records called us and stated that the first test our son had done was indeed read incorrectly and she has asked us to come in next week, what should we expect our first visit with her?

Peter N. Munsing answered on Sep 1, 2017

Discussion, likely she will advise if she is or isn't agreeable to taking the case, will discuss the fee and ask you to sign a fee agreement. Understand medical cases are very expensive even if they don't go to court.

1 Answer | Asked in Medical Malpractice for Indiana on

Q: I have a mmalpractice case in Indiana Pro Se and one of the defendants does not have to participate in the review panel?

Michael Reilly answered on Jun 28, 2017

Your question appears incomplete. More information is needed to provide you an answer. If you are asking if a defendant doctor or provider is not required to participate in the medical review panel process, more information needs to be provided to give an answer to you. If the provider is not... Read more »

1 Answer | Asked in Medical Malpractice for Indiana on

Q: What constitutes medical malpractice?

Last Tuesday I was admitted to IU Ball Memorial Hospital with severe chest pains and headache. They ran several tests and on Friday I was told all the tests results looked OK and I could go home. Saturday I woke up with both eyes totally blood-shot, large, painful welts on my forehead and scalp... Read more »

Peter N. Munsing answered on Apr 24, 2017

It could be negligence but to have a case you have to show there was a fallout that would not have happened if they had done it right,pulled your chart, unless there was something when you went there that indicated it couldn't be the old diagnosis.

Best thing to do is call a member of the...
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1 Answer | Asked in Personal Injury and Medical Malpractice for Indiana on

Q: I had a wisdom tooth removed and the Dentist broke my jaw bone. What are my rights?

Chase T Wilson answered on Apr 10, 2017

That is going to fall under the medical malpractice realm. It would be best to call a local medical malpractice attorney and discuss your case in detail with them. Most provide a free consultation and don't charge an upfront fee.

1 Answer | Asked in Personal Injury and Medical Malpractice for Indiana on

Q: I had a wisdom tooth removed and the Dentist broke my jaw bone. What are my rights?

Peter N. Munsing answered on Mar 16, 2017

Assuming he did it in a careless way, you can make a claim for your injuries, loss of function, medical bills. Contact a member of the Indiana Trial Lawyers Assn. They give free consults.

1 Answer | Asked in Medical Malpractice for Indiana on

Q: if the doctor fail to inform you of all risks is that negligence

I had no circulation to my toes and he failed to tell me this. then he injected tjhem with a necrosis causing drug with out my permission also

Peter N. Munsing answered on Dec 29, 2016

GEnerally, the warnings cover pretty much everything so hard to believe they didn't tell you. However if he clearly had no permission to give injections (and there was no catch-all "and to perform any and all procedures he may deem necessary during the procedure without consulting me..." then you... Read more »

2 Answers | Asked in Medical Malpractice for Indiana on

Q: Is it legal for an anesthesiologist to dose me with drugs after I told him no?

Right before my c section I signed a consent to be put under because my epidural failed during labor and then I ended up needing a c section. The anesthesiologist came in and told me no he was going to try redoing my epidural after they tried 5 times during my labor. I told him no to just put me to... Read more »

Peter N. Munsing answered on Oct 12, 2016

A lot depends on what the records showed. In the middle of a medical event the doctor is given more leeway in "judgment calls " they make. If they say they felt professionally that was the way to go,I wouldn't view it as illegal. As far as a civil case there wouldn't be a case if there is no damage... Read more »

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2 Answers | Asked in Medical Malpractice for Indiana on

Q: I am in Indiana. Is there a SoL for Medical Malpractice?Thank you!

Back surgery gone bad in 2007.

Peter N. Munsing answered on Aug 25, 2016

I believe it is two years. Even with a "discovery rule" I don't see it but to be sure contact a local member of the Indiana Assn for Justice.

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1 Answer | Asked in Medical Malpractice, Consumer Law, Civil Litigation and Health Care Law for Indiana on

Q: I had surgery last year (pre-approved by ins). After, the Anesth. Dr billed me as he was temporarily out of network.

I got insurance pre-approval for the procedure and spoke with the scheduler to ensure that everything was covered so there were no surprises (my exact words). Afterward - the Anesthesiologist balance billed me for the procedure as they said they were out of network. Insurance paid them based upon... Read more »

Peter N. Munsing answered on Jun 27, 2016

I would suggest to the facility that arranged for the pre cert that if they have an out of network person for anesthesiology then it is up to them to tell you, and tell the anesthesiologist as he didn't let you know he was out of network you are not paying.

At the same time, I'm not seeing...
Read more »

1 Answer | Asked in Collections, Health Care Law and Medical Malpractice for Indiana on

Q: Can a hospital change the payment account number on a payment check before cashing it?

I have a medical bill account with a medical bill collection agency. I set up a payment arrangement 6 months ago. The lady who set the arrangement up with me told me that I can continue to send the payments to the hospital with the new account number and they would apply it to the account. Ive made... Read more »

Adam Studnicki answered on Jan 13, 2016

Not sure how this is malpractice, but check with a consumer protection or debtor's rights lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your...
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1 Answer | Asked in Medical Malpractice for Indiana on

Q: Can my son or his Mother sue Drs and or hospital for him contacting bactermia ( blood poisioning) while in hospital?

Had gall bladder sx, came home, became sick again. Back to same hospital. Ran tests sent home on 3rd day , them saying prob intestional thing. They called next am, said they needed him to come back.Already had s room for him. They knew he is a parapalegic yet no handicapped access to anything in... Read more »

Adam Studnicki answered on Jul 18, 2015

An Indiana medical malpractice lawyer can help you evaluate and advise you for your rights and options. Most offer free consultations.

1 Answer | Asked in Medical Malpractice for Indiana on

Q: How long does it take a malpractice lawsuit take?

Burton A. Padove answered on Feb 1, 2014

Generally speaking, you are talking years. Indiana has a two part system. The first requires that a case be presented to a Medical Review Panel. That process can take over a year. after that process is completed, then you can file a suit in court. Generally, that can take two years or longer.

1 Answer | Asked in Medical Malpractice for Indiana on

Q: Has the state of Indiana set forth any guidelines for the scope of practice for Office Medical Asistants?

Burton A. Padove answered on Jul 21, 2011

Indiana law requires that a medical assistant work directly under a supervising physician. The assistant cannot perform radiography, cannot make a diagnosie, prescribe or administer treatment or medication unless under the direct supervision and must report the results of any examination directluy... Read more »

1 Answer | Asked in Medical Malpractice for Indiana on

Q: I had a hip replaced nov.22,2010 and it has fell out 12 times been replaced 4 and I', in the hospital now I had a DNR

What can i do I woke up in ICU 2 1/2 days

after the operation even with the DNR.And I have ask what hip was put in 3 or 4 times and i'm always told they dont know -now I have a staff inf.

Burton A. Padove answered on May 30, 2011

I am sorry to read about your issues. I am not exactly sure what you are asking. It may be that you have a malpractice case or possibly a products liability case. You may even be part of a class action depending on who the manufacturer of the hip is. Please contact me or another injury lawyer... Read more »

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