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.
2 Answers from Attorneys
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
Related Questions & Answers
How much does it cost for a med. review for a med mal case Asked 11/02/11, 7:58 pm in United States Indiana Medical Malpractice Law