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Indiana Medical Malpractice Questions & Answers
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 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 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: 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
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
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 »

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
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... Read more »

Peter N. Munsing
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
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
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
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...
Read more »

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
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
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
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... 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
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... Read more »

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