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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34389
Experience:  Began practicing law in 1992
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I have a son in the Indianapolis jail, he has a public

Customer Question

Hi, I have a son in the Indianapolis jail, he has a public defender, I have been in contact with this pd since court Oct,23. My son's cell mate calls me 3 days after court n says my son is in the hospital, I call lawyer she knows nothing about it was going check it out. Since that time in Oct, I've called or e-mailed her daily for answers, yesterday she calls n drop a bomb on me telling me my son is in hospital in a coma and has had his toe amputated....whoo devastation for me, my son is also a diabetic. My question is I still can't get any information on where he is and how he is doing, if I can go see him ( I live 7 hours away) , why can't they give me information since he in coma and has no one to speak on his behalf, I know the HIPPA policy, yet I feel it shouldn't matter at this time. Some one wasn't giving him proper care.
JA: Since laws vary from place to place, what state is this in?
Customer: Indiana
JA: Has anything been filed or reported?
Customer: To who? Don't know what you mean?
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 1 year ago.

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", "where is my answer", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

Expert:  Dwayne B. replied 1 year ago.

Unfortunately, and while I understand your position, HIPAA does matter and still applies. To find out anything more you would have to either have his power of attorney (which is a good idea to get if he is ever in jail again) or at this point, hire a lawyer and go to court and get a guardianship granted. At that point you would be able to "step into his shoes" and get any information you want about his medical decision as well as make any medical decisions for him.

Expert:  Dwayne B. replied 1 year ago.

There reason they can't give you any information is because they have no idea of whether your son wants you to have any of his information. If he had given you a POA then that would have indicated he did or if you went to court and got a guardianship then the court would have said it didn't matter whether he wanted you to have it or not.

Expert:  Dwayne B. replied 1 year ago.

Did you have any additional questions?