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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118789
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have tried to find a lawyer here in IN and Could not find

Customer Question

I have tried to find a lawyer here in IN and Could not find a lawyer to take my husband's case. My husband tried to tell the Doctors his stomach was hurting for a year and half and he would not order any type of x-rays to find his problem. Finally, he died of cancer with 3 balls in his stomach in fluid.
JA: You're dealing with a tough issue. But don't worry -- you're in good hands. Because laws vary from state to state, could you tell me what state is this in?
Customer: Indiana
JA: Have you consulted a lawyer yet?
Customer: Yes, about 4 of them in different areas here.
JA: What advice did they give you?
Customer: Three of them said its tough and I do have a case and the last one said if I fork out 10,000 it will go to the lawsuit panel and they will determine if I have a lawsuit. Never heard of that.
JA: Is there anything else the Lawyer should be aware of?
Customer: All the lawyers did say the doctors, two of them at the hospital will be involved as well. The primary doctor has a long list of criminal records and did not know that.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The issue with any type of medical malpractice case in Indiana is that you must have an expert who will attest to the doctor's care being below the reasonable standard of care AND causing your husband's death. Under the Medical Malpractice Act, cases are ordinarily heard before trial by a medical review panel that includes qualified physicians, and the opinion of one of the members of such a panel (even a dissenting member) is sufficient to make a prima facie case. See: Bonnes v. Feldner, 642 N.E.2d 217, 221 (1994). The panel’s report is admissible but not conclusive at trial, and any member can be required to testify as an expert at trial. Ind. Code Ann. § 34-18-10-23 If you do not have that medical expert, this is why the attorney told you it would have to go to the review panel.
You will need a local attorney who specializes in medical malpractice though and you can find them at the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com