Legal Question in Medical Malpractice in Indiana

can I sue my doctor

My son will be 2 in April. Back in July 08 he went to the doctor for his normal checkup and they said because of his age they had to give him a lead test. The doctor told me no news is good news and that if I don't hear from him then the results were negative. About 2 months later, I got a call from a follow up nurse about our son's high lead level. I called the doctor and he confirmed the lead levels and apologized for not contacting me and set up another test. To make a very long story short, He has had 4 tests now all positive. The last test was done about 2 weeks ago. At that time the Dr. said he was going to contact the Health Dept. to come test my rented home for lead. He said the Health Dept would call to set up a time to comeout. I didn't hear anything for 2 weeks and called the Health Dept. to check on my appt. They told me that the Dr. had not reported any high lead levels to them and that in the state of Indiana he has 5 days to report the results after recieving them. Now it has been 9 months and my son's almost 2 and still isn't talking and has symptoms consistant with lead poisoning. If he would of reported this originally then this problem could have been resolved. Now my son may have damages as a result.

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