Legal Question in Medical Malpractice in Indiana

can same sex partners file a malpractic suit in the state of indiana.For my partner died of a brain anurisum that could have been stoped.Plus dr.said she had oxictton in her blood test but there was no oxicotton in the home.

Asked on 4/03/12, 4:44 am

2 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

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.

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Answered on 4/12/12, 6:26 pm
Larry Jackson Jackson Law Firm, LLC

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


PO Box 805

Fishers, IN 46038

[email protected]

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Answered on 3/25/13, 1:24 pm

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