Indiana Medical Malpractice Legal Questions

Generally speaking, perforations during a colonoscopy are considered a risk inherent in the procedure and not medical malpractice. Of course, there are exceptions to every rule and to know for sure an attorney would have to obtain and review your records. Nevertheless, you are going to have a hard time finding an experienced medical malpractice attorney to put time in reviewing a case that is most likely defensible. 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. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 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 Anonymous: I am sorry to read of this terrible loss in your family.  You are asking the right questions, and there are more questions surely to be asked.  I am not sure about the circumstances of the pregnancy that might have led to placental abruption, but the staffing situation at the hospital is problematic on its face given the not-so-remote possibility of emergency birth situations such as this. Additional facts would be necessary to determine whether there was negligence on the part of a medical professional and/or the hospital, and whether that negligence caused or contributed to the stillbirth.   I believe you would benefit from having a law firm that handles medical negligence claims review your incident in greater detail.  The process of bringing a medical malpractice case against a qualified health care provider in Indiana is an arduous and expensive one, but it never hurts to inquire.   Sincerely, Lance R. Ladendorf Ladendorf Law (317) 842-5800... Read Answer

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  ... Read Answer

I am sorry to hear about this. If you would like more information on HIPAA violations, please visit:   http://www.hhs.gov/ocr/privacy/hipaa/complaints/.  This website should provide you with enough information to determine if you think your daughter's HIPAA rights were violated and for you to decide if you would like to file a complaint.  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

I would need to know more about the particulars of your case. You are free to contact me by email or phone per the below information.  Nick Deets Nick Deets HOVDE DASSOW + DEETS, LLC Meridian Tower| 201 W. 103rd Street Suite 500| Indianapolis, IN  46290 Telephone:  (317) 818-3100| Facsimile:  (317) 818-3111 Email: ndeets@hovdelaw.com Website:  www.hovdelaw.com    ... Read Answer

Dear Anonymous, I am very sorry to read of the death of your baby.  No parent should have to say goodbye to their child.   Whether you have a viable claim for wrongful death damages against a qualified health care provider and/or the hospital cannot be determined based solely on the facts you provided.  A lawyer reviewing your case would want to know, for example, the reasons for being under observation, the reasons you were discharged from the hospital, and whether allowing you to return home fell below the standard of care under the circumstances of your preganncy.  This forum for legal questions unfortunately is of limited value for complex questions such as these. I encourage you to contact a law firm that assists members of our community in obtaining compensation when clear medical negligence has occurred.  Our office would be happy to discuss the circumstances of this incident in greater detail with you.  There is no charge for calling, and it may help you learn if you have any rights under Indiana law to compensation.   Best wishes, Lance Ladendorf (317) 842-5800... Read Answer

If the earlier CT scan showed evidence of a post-op infection, then you may have a case against the radiologist or the surgeon. Since you are actively undergoing care, there will be a question about whether the case is financially viable. If a short course of antibiotics cures the problem, I probably would not prosecute the case, but financial viability is a judgment call and different lawyers have different standards about that. The articles linked below explain this in more detail.  If you want to investigate a malpractice 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,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. 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. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 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

It is well known that some diuretics can cause low potassium. Other diuretics do not. Assuming you were on a diuretics that can expose you to that problem, it is hard to understand why you were not monotired for that potential complication through ordinary blood tests. Sings of low potassium include bloating, constipation abdominal pain, fatigue, cramps and spasms in the muscles. Therefore, if you ever reported these symptoms to your doctor, the index of suspicion for a potassium deficiency should have been high.  If you want to investigate a malpractice 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,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. 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. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 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

I think that you should remember that the defendant's attorney does not represent you and thus, does not have your best interests at heart.  Since you are unrepresented I would be wary of the defendant's recommendation and would do some research on the attorneys before you agree to anything and/or have the clerk appoint the panelists.   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

The failure of the first two doctors to diagnose a disc problem may or may not be malpractice depending on the facts concerning your presentation to their offices. Note that disc problems can worsen over time and so it is entirely possible that what you were diagnosed with a year later may not have been present when you were seen 12 months earlier. Additionally, assuming that you can prove that your disk problem was present when you were examined by the first two physicians, a big question will be what harm was caused by the delay in diagnosis.  If you do want to investigate pursuing the 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 expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

Bowel perforation can be caused by neglligence but they also occur in the absence of negligence. If it is a perforation because of negligence, it is because the perforation occurred because the doctor failed to follow the proper procedures and safeguards to avoid this. Because the surgeon is the individual with the best view/perspective on what happened during any given surgery, these cases are very difficult to prove.  The failure to recognize and appropriately treat a perforated bowel, however,  is negligence.  I can't tell you whether the care you received in response to the perforation was negligence without examining the records.  If you want to investigate a malpractice 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,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. 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. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website. ... Read Answer

I am sorry to hear about this and hope your son has a full recovery.  It is most likely that you will be responsible for his medical bills related to his treatment of this injury which occurred at school.  It sounds like he was voluntarily throwing the football with a classmate and he injured the finger while doing such.  It doesn't sound like anyone was at fault.   Most schools have limited liability for injuries under state and government laws and it doesn't seem like they were at any fault.  In sum, I believe that you will be responsible for the medical bills that your insurance doesn't cover. 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

There are action lawsuits being filed all over the country related to hernia mesh product defects. You should Google hernia mesh lawsuit and talk to a firm that is handling these types of cases to see if you meet the criteria.  Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

Orthopedic malpractice cases are difficult because there is often a bit of speculation involved in analyzing how a particular outcome occurred. If you have a permanent problem that is significantly impacting your life, you may have a case worth investigating. It certainly sounds like you have evidence that suggests that the doctor made a mistake during the first surgery.  If you want to investigate a malpractice 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. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

It is difficult to tell you whether you have a viable malpractice case without looking at the medical records. If your daughter required three additional surgeries and the care she received impacted the outcome, it is certainly possible that you have something worth investigating.  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. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

It is hard to tell you whether you have a viable medical malpractice case on the facts given. If the pediatrician never followed up irregular chest sounds, it is possible that you have a cause of action. You would expect a congenital diaphragmatic hernia to detected in a radiographic film, either an ultrasound when you were pregnant, or an xray of the chest that was performed later. If you look at the literature, however, there are reports of undetected congenital diaphragmatic hernias being missed until later in life.  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. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

You certainly have a cause of action against the surgeon, but if you heal properly, the question is whether the case is financially viable.  Medical Malpractice cases are very costly to pursue. Additionally, they are very time consuming for attorneys because (a) each case involves complicated issues of law and medicine (b) every stage of the litigation process involves extensive preparation and (c) most cases are defended up to the point when they are scheduled for trial, and often through trial. Generally speaking,  a patient must sustain a permanent injury that will have a significant impact on his ability to function to warrant the time and expense of a medical malpractice lawsuit.  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. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

You may have a medical malpractice case. It sounds like you contracted osteomyelitis, which is a bone infection. The question is whether earlier intervention would have resulted in a different outcome. Osteomyelitis is a very insidious infection.  Contact a local medical malpractice attorney (one in your state). Medical malpractice attorneys work on a contingent fee basis, which means they only get paid out of the proceeds of the lawsuit if you win. They provide free initial consultations. Sometimes an attorney will ask you to pay a "retainer" to cover the some of the expenses of a case, this is an issue that varies from office to office. Below are some articles that you may find helpful. Although they are written for my clients in New Jersey, most of the concepts carry over to other jurisdictions. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case.  Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com... Read Answer

Assuming that your child did not have a bacterial infection, it may have been inappropriate to provide her with antibiotics, but that is not a foregone conclusion. It really would depend on what her presentation was. Beyond this, however, it does not sound like she will suffer from permanent problems as a result of this. Therefore, you likely do not have a financially viable medical malpractice case. ... Read Answer

The doctors and hospital employees have a duty to assess a patient's fall risk, including risks that are caused by medications and their side effects.  If your father was at a high risk for falls, and was not appropriately monitored, he may have a claim for the injuries that he suffered in the fall.  You should contact an attorney in Indiana that specializes in medical malpractice work.  He or she will need to gather the medical records and have them reviewed by a nurse and/or a physician who is familiar with the treatment of patients under this or a similar circumstance.  The claim needs to be filed within two years of the date of the alleged act of malpractice in Indiana or it will be barred by the statute of limitations.  Good luck.... Read Answer

This may have violated your instructions, but medical providers are given wide latitude in deciding how to respond to life threatening situations.  The question will be why did they think it was necessary to give you blood and was that a reasonable decision under the circumstances. The other question will be what harm this caused you. If the blood was safe and there are no side effects from the decision to give you blood, I do not think there will be a case here.  If there was not a medical emergency that justified giving you blood and you have suffered serious adverse effects from being given the blood, you should contact an experienced medical malpractice attorney in your area to review the case.    Nick Deets Hovde Dassow & Deets LLC www.hovdelaw.com... Read Answer

This sounds like a very difficult case.  In order to prevail on a medical malpractice claim in Indiana, you will need to prove that the doctor did something that no reasonable physician would do under the same or similar circumstances. Since many OBGYN's recommend and implant this device, it will be very difficult to prove that recommending the device constitutes medical malpractice. Another option would be to determine if the device was inserted correctly.  This would be have to be determined by having another OBGYN review the medical records.  You should contact an experienced medical malpractice attorney in your area to discuss your case.    Nick Deets Hovde Dassow & Deets LLC www.hovdelaw.com... Read Answer

You should consult with an Indiana attorney that specializes in medical malpractice cases as soon as possible.  You potentially have a case, but it will be necessary to obtain your medical records and have them reviewed by another OB/GYN to determine the merits of your case.  In Indiana, your case must be filed within 2 years of the date of the alleged act of malpractice or it will be barred by the statute of limitations.  Nick Deets Hovde Dassow & Deets LLC (317) 818-3100 www.hovdelaw.com... Read Answer

It is not possible to answer your question based upon this limited information.  It is entirely dependent upon the nature of the defect in the product and the nature and extent of the injuries you have suffered. I would contact a law firm that specializes in drug and device cases to discuss your situation as soon as possible.  They can gather the information on the product defect and your medical records and bills to properly advise you on the merits of your case and the likelihood of a recovery.  ... Read Answer