Indiana Medical Malpractice Questions & Answers

Q: Do I have a medical malpractice case?

1 Answer | Asked in Medical Malpractice for Indiana on
Answered on Oct 20, 2018
T. J. Jesky's answer
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. I remember when my wife was pregnant, we learned that the average heart rate for a fetus' in the first trimester is approximately 153 bpm (plus or minus 22.8 bpm). Your heart rate would be half...

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

1 Answer | Asked in Medical Malpractice and Personal Injury for Indiana on
Answered on Feb 16, 2018
Chase T Wilson's answer
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.

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

1 Answer | Asked in Personal Injury and Medical Malpractice for Indiana on
Answered on Feb 12, 2018
Peter Munsing's answer
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.

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

1 Answer | Asked in Medical Malpractice for Indiana on
Answered on Sep 1, 2017
Peter Munsing's answer
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.

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

1 Answer | Asked in Medical Malpractice for Indiana on
Answered on Jun 28, 2017
Michael Reilly's answer
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 covered by the Medical Malpractice Act, the provider is not protected by the damages caps in the Act and subject to a lawsuit without first going through the panel process. Maybe if you provide some more...

Q: What constitutes medical malpractice?

1 Answer | Asked in Medical Malpractice for Indiana on
Answered on Apr 24, 2017
Peter Munsing's answer
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 Indiana Trial Lawyers Assn--they give free consults.

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

1 Answer | Asked in Personal Injury and Medical Malpractice for Indiana on
Answered on Apr 10, 2017
Chase T Wilson's answer
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.

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

1 Answer | Asked in Personal Injury and Medical Malpractice for Indiana on
Answered on Mar 16, 2017
Peter Munsing's answer
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.

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

1 Answer | Asked in Medical Malpractice for Indiana on
Answered on Dec 29, 2016
Peter Munsing's answer
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 would at least have a claim for battery. Suggest you contact a member of the Indiana Trial Lawyers Assn --they give free consults.

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

2 Answers | Asked in Medical Malpractice for Indiana on
Answered on Oct 12, 2016
Peter Munsing's answer
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 done by it, even if it is technically wrong. Contact a member of the Indiana Trial Lawyers Assn--they give free consultations and can get all the details.

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

2 Answers | Asked in Medical Malpractice for Indiana on
Answered on Aug 25, 2016
Peter Munsing's answer
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.

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

1 Answer | Asked in Medical Malpractice, Consumer Law, Civil Litigation and Health Care Law for Indiana on
Answered on Jun 27, 2016
Peter Munsing's answer
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 that you ran it through the out of network on your policy. Suggest you file a complaint with the medical board and also the insurance commissioner for your state. It's a common problem and there may...

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

1 Answer | Asked in Collections, Health Care Law and Medical Malpractice for Indiana on
Answered on Jan 13, 2016
Adam Studnicki's answer
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 specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local...

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

1 Answer | Asked in Medical Malpractice for Indiana on
Answered on Jul 18, 2015
Adam Studnicki's answer
An Indiana medical malpractice lawyer can help you evaluate and advise you for your rights and options. Most offer free consultations.

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

1 Answer | Asked in Medical Malpractice for Indiana on
Answered on Feb 1, 2014
Burton A. Padove's answer
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.

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

1 Answer | Asked in Medical Malpractice for Indiana on
Answered on Jul 21, 2011
Burton A. Padove's answer
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 to the supervising physician.

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

1 Answer | Asked in Medical Malpractice for Indiana on
Answered on May 30, 2011
Burton A. Padove's answer
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 as I cannot answer your question as stated.

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