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Indiana Medical Malpractice Questions & Answers
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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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.

James L. Arrasmith
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answered on Oct 15, 2023

To file a complaint regarding your son not receiving his prescribed medications in Franklin County, Indiana jail, you can take the following steps:

Contact the Jail Administration: Start by contacting the administration of the Franklin County jail. Inquire about the specific reasons why...
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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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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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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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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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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.

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.

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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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
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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.

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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More

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