Legal Question in Medical Malpractice in Indiana

do i have a right to sue

i became ill about a year ago. i went to the doctor was told i had just an infection, put on antibiotics. wasnt gettin better went to er, was tested and told i had mrsa. i was told that i could not take keflex and the she would know how to treat. she treated me for a staph infection instead of mrsa. after being told it was. i kept telling them for a year now i had mrsa. 40 anitbiotics, tons of doctor visits each time i was told the lab said i had staph. went ot see a specialist he gets lab test which states i had mrsa. said i should of been treated for mrsa which is very contageous and can kill you and was getting wrong kinds of medicine. now i have mrsa in my blood and bones, suffer huge amounts of pain, couldnt work because of this. specialist gave me papers showing i had mrsa, but family doctor said i didnt treated me with medicine that doesnt even treat mrsa because it was resistant to the medicine was told what anitbiotic would help. now i have to live with this, and now have a daughter who has it because i wasnt treated right in the first place. ive been very ill. can hardle walk, and taking the medicinei need now to see if i can get some relief, cani sue my family doctor for not treating for mrsa and something else instead.


Asked on 6/15/07, 5:40 pm

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: do i have a right to sue

I am sorry for your suffering. Medical malpractice laws in Indiana require that you first file a complaint with the Department of Insurance. Here is a website with more information. http://www.in.gov/idoi/medmal/procedur.html. To prove your case, you need to have medical evidence about two things: first, that your current condition was caused in substantial part by the failure of your doctors to treat you properly; and second, that the conduct of your doctors did not meet the professional standards for that time and place. You should confer with a real lawyer experienced in MRSA matters before giving up on a claim. In any event, concentrate on your health and on getting well, not on a lawsuit. Good luck.

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Answered on 6/15/07, 7:54 pm


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