I was kept waiting at the ER for 2 hrs. before receiving treatment. I walked in with 4 fractured ribs and a pneumothorax. I nearly died, literally.

Dear Deborah, Thank you for your trust in using this online service to discuss your incident.  To successfully bring a Medical Malpractice case in Indiana, there are many facts you must prove and many procedural hurdles you must surmount.  You must be able to show, for instance: (1) a clear violation in the standard of medical care; (2) that you suffered discernible and significant injuries (damages); and (3) that those damages were more likely than not caused by medical negligence and not from your original fall that brought you to the ER in the first place.  Additionally, if the specific medical professionals whom you are alleging were negligent are covered by the Medical Malpractice Act, then before even being allowed to present your case to a trial court, you would have to file the claim with the Indiana Department of Insurance (IDOI) and present the case to a Medical Review Panel which consists of three panelists who have specialized knowledge in the type of claim you're bringing. In light of these realities, I do not believe that you would be able to succeed against a doctor or hospital based on the facts that you provided in your inquiry.  Even if you were able to convince the Medical Review Panel (let alone a jury) that there was a breach in the standard of care--which is no small task and would require expert testimony--it is still very difficult to say that whatever damages you suffered were the result in a delay in ER treatment and not due to the original fall.  I want you to know that this is just one lawyer's opinion and is not gospel.  To give you peace of mind, you may want to consult with another Indiana attorney (assuming the alleged malpractice occurred in Indiana) who specializes in medical negligence cases.  If you elect to do so, you will need to do this quickly, as Indiana has a two (2) year Statute of Limitations by which a claimant must file an action with the Indiana Department of Insurance and/or a civil court with jurisdiction.  A great deal of research would need to be completed to identify all potential defendants (e.g. physicians, hospitals, etc.) before that two year Statute of Limitations, or else you will be barred from bringing a claim against those who are not identified in the lawsuit. If you are interested in another opinion, I would suggest contacting the Indianapolis Bar Association's "Lawyer Referral" program.  Best wishes to you. Lance R. Ladendorf Ladendorf Law