Indiana Medical Malpractice Legal Questions

The only way to find an attorney is to contact several attorneys who handle this type of case.  You will then present the basic facts to the attorney's office.  You can expect these questions from the attorney: 1. The name of the health care provider. 2.  What you believe the health care provider did wrong. 3. What harm was done and what treatment is needed do to the malpractice.   Use this website to find an experienced malpractice attorney in the state where this occurred.   ... Read Answer

Based just on the information provided, it sounds like the surgeon negligently severed the nerve during surgery.  You can sue a doctor for negligence.  A lot of factors could affect the strength of your case.  How long ago did you have surgery?  What did the doctor tell you about the risks of the surgery?  What did the doctor say when you told him that you were experiencing numbness? You next step is to obtain your medical records from the doctor who performed the surgery and the doctor who told you the numbness was permanent.  Generally, I collect records for my clients, but right now all of the medical providers are taking a long, long time to give me medical records.  They blame Covid and lack of assistance.  I have found patients can get records faster. You should also call a lawyer.  Medical malpractice cases are complicated.  I don't think anyone should try to represent themselves in med mal cases. I offer a free consultation and I'm licensed in Indiana.  Please feel free to call or email me if you have additional questions or want to discuss your case further. Kimberly Beck Beck Law Center kim@becklawcenter.com 888-434-2912 Please note that Beck Law Center does not intend to create an attorney/client relationship by responding to this question.  If you have questions about your specific case, please contact a lawyer.  ... Read Answer

I am sorry to hear this.  Hopefully he will be able to recover.  Are the current doctors stating that the infection was a result of the untreated wound?  If so the next question will be the related damages.  You need to see if he can recover before a determintation can be made if a claim is worth pursuing.  Give it some time but keep in mind a 2 year limit to file.  ... Read Answer

I am sorry to hear this.  More information is needed to make a determination if the relaese was negligent. However, this may indeed be medical negligence.  I would suggest getting the medical records and meeting with an attorney to dicuss.  Most attorneys, like myself, will not charge to discuss.  ... Read Answer

If there is medical negligence and a permanent injury as a result you should be able to find an attorney to handle. Call an attorney to discuss ASAP.  Most attorneys will not charge to discuss and even investigate the possibility of bringing a claim.  These type of injuries certainly can be a result of negligence ... Read Answer

You should easily be able to get your records from the pharmacy, which should include a copy of the script given by the doctor.  That will illustrate where the fault lies. From there a decsion can be made as to how to proceed.  Also, keep the prescription bottle. I hope your daughter was able to make a full recovery.  If so a question that will have to be answered is whether the damages warrant a claim.  Get your pharmacy records and speak with an attorney.  ... Read Answer

Possibly.  Much more is needed as medical malpractice cases are very complex.   You need to get all medical records together and meet with an attorney.  It may help to ask current cardiologist if the lack of medicine and care in nursing home led to stroke.  Bottom line was it avoidable?... Read Answer

It may be medical negligence.   An attorney would need more information to determine.  Including but not limited to the medical records.  There is a 2 year statute of limitations.  If you are left with permanent damage get your records and have an attorney review.  ... Read Answer

You have a work comp claim which I would suggest you have counsel for.  Also, there is a possible medical malpractice claim as well.  The work comp carrier should pay for any additional surgery/treatment required because of the stitches.  In Indiana you have a two year statute of limitations on the medical malpractice claim.  Using the wrong stitiches would be negligence the question would be the amount of damages.   I would suggest speaking with an attorney asap. ... Read Answer

Dear Anonymous,   I would strongly encourage you to contact a medical malpractice attorney to evaluate your case.  It is possible that there was medical negligence which caused your condition, but it would likely require a thorough review of your medical records to make that determination.  Also, it would be important to know how your foot was originally injured.  Is it possible that there is a negligence claim against a third party for the original injury?  Further, given your condition you may qualify for disability benefits if you are unable to return to work.  Lastly, you would have 2 years from the date of the negligent act in which to file a claim for negligence.  If you would like to discuss your case with an attorney, please feel free to call me for a free case evaluation.   Very truly yours,   Chip Clark ... Read Answer

You would not expect hardware to fail within two years so a reasonable suscpicion is that it was either installed incorrectly or manufactured incorrectly. The idea that the doctor will not release you to return to work unless you sign away your rights is obviously ridiculous.  If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.              Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.   Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published.     Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website. ... Read Answer

Dear Gabrielle,   I am deeply sorry for the loss of your child.  There are many complications that can ocurr during childbirth, and not all of them are due to the negligence of a doctor or a medical provider.  In order to fully evaluate your case, we would need to gather all of your pertinent medical records to try and determined what happened and why.  Most often, it is necessary to have an expert witness review the records to determine exactly what went wrong during the birth.  If you would like to speak to an attorney regarding your medical negligence claim, and to learn more about the process of filing a medical malpractice claim in Indiana, you can call for a free consultation at 1-800-625-4710.   Very truly yours, Chip Clark www.goodinabernathy.com      ... Read Answer

Dear Anonymous,   Because you were in the course and scope of your employment at the time of your injury, your employer's worker's compensation insurance should pay for all of the medical expenses that you incur as a result of the accident.  However, because you were injured by a third party, you are also able to seek damages, including compensation for pain and suffering, from the driver that rear-ended you.  If one of the doctors who treated you for injuries from the accident happens to commit medical negligence, you may also be entitled to seek additional damages from the doctor, as well as from the driver who hit you.  In your situation, there may be multiple insurance policies that could come in to play to compensate you for your injuries: worker's comp, automobile liability, and the doctor's professional negligence policy.  Because of the complex nature of your claim, it is important that you speak with a personal injury attorney who is experienced with these types of claims.  If you would like a free consultation, please call me at (317) 843-2606.   Chip Clark... Read Answer

Dear Anonymous,   Prior to the running of your statute of limitations you must file your Proposed Complaint for Damages with the Indiana Department of Insurance (IDOI).  The form to file the claim, along with other information about the process, can be found by visiting the IDOI website:  http://www.in.gov/idoi/2607.htm  If you wish to file a claim, you should fill out the Proposed Complaint form and send it with the necessary filing fee to:  Indiana Department of Insurance, 311 West Washington Street, Suite 300, Indianapolis, IN  46204.  If you have further questions, you can contact the IDOI at (317) 232-2402.   Best of luck,  ... Read Answer

Dear Anonymous,   There are 2 questions we must answer when evaluating every medical malpractice case.  The first is negligence.  Did the doctor violate the appropriate standard of care?  The second component is damages.  Were you injured as a result of the doctor's negligence?  In this case, it sounds like the doctor over-prescribed medication and you died.  However, I can only assume that you came back to life if you are able to ask this question on the internet.  All kidding aside, if you were injured as a result of the doctor's negligence, then you may have a case.  You will want to consult with an experienced medical malpractice attorney to discuss the specifics of your case.... Read Answer

Dear Anonymous, To properly answer your question would require a thorough review of your medical records.  It does sound as though your doctor failed to diagnose a very serious kidney condition, but the critical question is whether your doctor breached the appropriate standard of care for someone of your age, health condition, and history.  This would depend a lot upon your health history, and the symptoms that you were having when you presented to the doctor.  In any serious situation such as this I would always encourage you to contact an experienced medical malpractice attorney.  If you would like to discuss your case further, please call me for a free, no-obligation, consultation.  ... Read Answer

Dear Ms. Scott,   I am sorry to hear of your father's current condition.  While it is certainly possible that your father was a victim of medical negligence, it is difficult for me to say for sure based on the limited facts that you have provided here.  A nicked bowel would be a risk of a polyp removal surgery, and my suspicion is that your father would have signed an informed consent which described that as a possible risk of the surgery.  How quickly he was treated for sepsis symptoms would be something that you would need to know for example. I can tell you that medical malpractice claims are very difficult to pursue in Indiana, and as a result, medical malpractice attorneys are very selective in the cases that they take.  If you have additional information about your father's care, or would just like to speak with an attorney about his treatment, please feel free to contact me.   Very truly yours, Christopher E. "Chip" Clark 1-800-625-4710                                                                                        ... Read Answer

Dear Anonymous: I'm terribly sorry about the aftermath of your vasectomy.  Based on the ongoing pain and discomfort, I cannot blame you for at least considering legal action.  Because several months have passed since your first surgery, if you are serious about learning about your rights, it is critical you consult with an attorney or law firm that represents individuals alleging negligence by a medical professional. Assuming the first surgeon was a qualified health care provider under Indiana's Medical Malpractice Act, it is an uphill battle to pursue a medical negligence case.  Doing so involves many procedural hurdles, including having to present the case before a "Medical Review Panel" composed in most instances of three practitioners in the same branch of medicine as the physician against whom you would be bringing the claim.  This Panel would have to evaluate the case and determine whether the surgeon breached the applicable standard of care with respect to your vasectomy, and if so, whether such breach caused you damage.  Only after first prosecuting the case before the Medical Review Panel can you even access the Indiana state court system.   What I know about vasectomies is that they are more often than not elective procedures, as opposed to procedures of absolute medical necessity.  If your vasectomy was truly elective, it becomes even more difficult to prevail unless you can prove either that the physician negligently failed to explain the potential risks--including prolonged pain-- of a vasectomy or that the physician failed to exercise reasonable care in the performance of the surgery.  Informed consent forms often come into play in these types of cases, so I'm wondering if you signed one prior to your first procedure. Again, I want to encourage you to make contact with a law firm that regularly investigates and pursues medical negligence claims, as Indiana has a 2-year Statute of Limitations to either resolve your claim or commence formal legal proceedings in the Indiana Department of Insurance and/or a court of law.  If you would like to speak with our staff and have our attorneys review your case for free, I welcome your call.   Best wishes,   Lance R. Ladendorf Ladendorf Law (317) 842-5800    ... Read Answer

If you believe you were negligently given someone else's fluids or medication, you should request copies of your medical records and have them reviewed by an attorney who is familiar with medical malpractice law in Indiana.   Note:  This is just a general response, and does not constitute legal advice, nor does it create an attorney client relationship.... Read Answer

I am certainly sorry to hear about your loss.  Because this happened in Chicago, you would be well advised to contact a medical malpractice attorney in Illinois to evaluate your case.  If there was medical negligence, you might have a claim against the doctor or hospital or both, but you really need to talk to a lawyer who is licensed in Illinois and practices in the area of medical malpractice.   Note:  This is just a general response and does not constitute legal advice, nor does it create an attorney client relationship.... Read Answer

You would likely only have a case if you used the wrong eye prescription and it caused you damage.  If that is the case, and the damage was significant, you may want to contact a local attorney.  Best of luck! NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response.... Read Answer