Legal Question in Medical Malpractice in Indiana

Dr @ a non-profit hospital did a debridement surgery on my mentally-incapacitated wife without my consent. What can/should I do?

On or about 4/21/2020, my wife was admitted due to a bleeding duodenal ulcer. I (her husband/POA) was not allowed (due 2 pandemic) to stay with her so I declined to sign the "blanket consent to treatment" form. On 4/27/2020, a doctor called me for consent to do a “debridement surgery” on her pressure ulcer (just under her protruding tailbone). I did NOT give him permission for that procedure; but, he did it anyway! Afterward, he did not even suture the .5” hole shut (he made clear down to the muscle and bone) and sent her home with nothing but a bandage and NO medicine OR instructions OR follow-up. This hole is now a gaping, 2” x 3” OUT-OF-CONTROL, MONSTROSITY!

My attempts with the prosecutor's office (to charge this "doctor") fell short! They said to file a police report first! That "police division" is part of the hospital corporation! They said to file a report with "Patient Advocate" dept which I already did...early last May! NO RESPONSE FROM HOSPITAL...TO DATE!!

Asked on 8/24/20, 12:14 am

1 Answer from Attorneys

Jim Avery Avery Law Firm (NY-CO-IN)

Surgery without consent may form the basis for a malpractice claim, and pressure ulcers often form a basis for a civil damages medical malpractice claim. The procedure for filing is in the Dept of Insurance website. You might want to consult a lawyer, and file within 2 years.

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Answered on 8/24/20, 1:46 pm

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