Legal Question in Medical Malpractice in Indiana

Please accept my condolences. You ask a very Interesting question. I am not sure if he or she can in their own name. However, if there was a will naming the same sex partner as an heir, he or she should be able to do so indirectly through a claim made by the estate. Please contact me if you wish to discuss your situation.

I am sorry to hear of your loss. I do not believe Indiana medical malpractice statutes currently provide remedies for same sex partners. If your partner was an adult with no dependents then either a non-dependent parent or non-dependent child can make a claim (for up to $300,000) if it can be shown they had a close relationship. IC 34-23-1-2. If your partner had a dependent relative, the damage cap is $1,250,000 and a claim could be brought for the dependent relative's benefit.

You are raising an interesting issue (and weakness of the current law), and I would be glad to talk with you further about it if you would like to discuss your options.

Larry R. Jackson

JACKSON LAW FIRM, LLC

PO Box 805

Fishers, IN 46038

[email protected]