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Steven L Langer

Steven Langer’s Answers

15 total

  • A yr. ago I was diagnosed with a small tumor of the colon. My family physician referred me to a surgeon. I met with the surgeon

    The Surgeon advise that I had some diverticulitis and when he removed the tumor he would also remove it. He took out some colon and failed to get the tumor. created a leak which resulted in sepsis and septic shock. I was transfered to another Hosp...

    Steven’s Answer

    It's good that there was not a significant delay in making the correct diagnosis and getting the tumor out but one of the issues is going to be whether the delay in diagnosis impacted outce and whether you would have suffered the. Same type of injury regardless . I encourage you to talk to an Indiana lawyer but please know that Indiana generally follows a 2 year occurrence based statute of limitations so please don't wait.

    I hope you are feeling better

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  • Failed back surgery, screws right threw my spinal canal! Now disfigured, from another surgeon having to fix his work!

    Fell down basement stairs, broke my back, already had double herrington rods, rushed to indy for emergency surgery, only to be fitted for a brace, 5 months later back is more broken, did surgery...woke up knowing something wasnt right! He kept say...

    Steven’s Answer

    You should contact in Indiana medical malpractice attorney immediately. Generally, Indiana follows a two year occurrence-based statute of limitations for claims against qualified healthcare providers.
    Again,I suggest you contact an attorney of your choice immediately.
    Hope this helps.

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  • Am I able to receive all of my money and damages to find another Dentist that can properly fix the teeth that a Dentist damaged?

    This Dentist began to work on my teeth after numbing me and making me wait for more then a half hour, he started the work with no assistant and stopped to answer his phone and left me laying for quit some time, he returned began again stopped left...

    Steven’s Answer

    Go see another dentist ASAP. Indiana has a medical malpractice statute but assuming all you need to have done is to have your tooth filled, you might want to get a copy of the second dentist's office note and send it dentist 1 with a note to refund your money. I think the Indiana Dental Association offers free mediation over fee disputes. You might want to check that out.

    Hope you feel better

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  • Limits on med mal compensation in Indiana

    Is It true that all med mal cases in the state of Indiana has a limit of compensation of 1.25 million? What if the medical malpractice lawsuit involves a Hospital and several doctors is it still the same?

    Steven’s Answer

    Yes. Indiana has a cap that has so far withheld constitutional challenge.
    The present cap is $1,250,000 per occurrence of malpractice regardless of the number of healthcare providers who contribute to the occurrence and regardless of the pecuniary loss.
    However, if there are two separate acts of malpractice that cause separate and distinct injuries, then the patient can recover twice depending of course on the nature and extent of the injuries. Further, if there is 1 occurrence of malpractice that results in an injury to multiple persons then each person can make a claim for up to $1,250,000.
    The first $250,000 is paid by the healthcare provider in either cash or if there is a settlement usually pursuant to a qualified structured settlement that must have a cost greater than $187,000. The remaining money up to $1,000,000 is obtained by filing a petition for excess damages with the Indiana Patient Compensation Fund. Petitions to the fund are separate proceedings, decided by a judge (no jury).

    For more information, you can take a look at my Medical Malpractice AVVO legal guide.
    Hope this helps.
    Steven Langer

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  • How much should we negotiate for a pain and sufferin sum.

    My Daughter was involved in a playground accident. She dropped onto an unsafe surface from a domed climber and landed on a huge branch. This caused a puncture wound, laceration and 6 stiches to her cheek. She is four and is now very scared on play...

    Steven’s Answer

    The amount of money constitiuting full payment for the injuries suffered by your daughter are fact sensitive and case specific. In your post you mention that your daughter is "very scared on playground equipment." Does your daughter have a scar? If so, what are the dimensions of the scar? Does the scar hurt? How does your daughter feel about the scar? What do the doctors say will happen to the scar over time? What do the doctors say about whether your daughter will need future medical care, the cost of the care, and the likely outcome of the treatment.
    Under Indiana law your daughter can recover for such things as medical bills, future medical expenses, pain and suffering, scarring, disfigurment, and the impact of the injury on your daughter.
    You might want to consider talking to an attorney. The attorney will need to obtain a history of the injury, review medical records, and bills, possibly talk to your daughters treating physician, and get some photographs. If an attorney feels he or she can help you, the representation will probably be done on a contingent fee basis.
    Hope this helps.

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  • Whos responsible for medical bills when you except a plea and your not at fault?

    About two years ago I pleaded guilty to an A misd...Which I didn't want to do in the first place but I have a 70,000 dollar medical bill that was not my fault for being in the hospital can I sue them for my medical bills even though I pleaded gui...

    Steven’s Answer

    Although I am an Indiana attorney this does not constitute legal advice but I hope gives you some helpful information. I suggest you see an attorney immediately because if you are planning on suing someone for an injury you received Indiana generally follows a two year statute of limitations period. If you wait more than two years your claim may be barred by expiration of the statute of limitations.
    By pleading guilty to a crime you admit that the allegations contained within the charge which you plead guilty to are true and therefore your plea may be able to be used against you in a subsequent proceeding dealing with the same issues.
    I urge you to contact an attorney immediately. Hope this helps.

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  • Doctor making me pay upfront due to car accident.

    Hi, I live in IN. I was injured in a car accident that was not my fault. I went to see a specialist for my shoulder injury and they diagnosed me. They now want me to pay upfront for the doctors fees which amount to over 15,000. I do have healt...

    Steven’s Answer

    Here is my sense of what is going on. More and more healthcare providers do not want to accept a patient's health insurance because of "write offs" and discounts that the healthcare provider is required to give under its contract with the health insurance company. So, the healthcare providers insists that the patient pay "the full bill" up front because the patient will recover downstream from the person that hit you.
    There are two important Indiana Supreme court decisions dealing with what is a reasonable amount for healthcare charges.
    You might also have medical pay under your car insurance policy that will provide additional sources of money.
    You need to talk to an attorney because as you can see the issues are complex and might become more complex if your health insurance plan is an ERISA plan.
    It seems that your doctor is more interested in getting paid than in providing healthcare to you. You might want to consider getting another physician, but again in the meantime I would encourage you to contact an attorney as soon as possible as what I am writing to you here does not constitute legal advice.
    I hope this helps.

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  • False acusations

    What can i do my husband ex wife is acusing me and him of sexualy molesting his son and taking nude pics of him and us she went and get a restarin order against me and him under false acusations she dont have any evidence and they granted her th...

    Steven’s Answer

    Although infrequent, it is not as rare as you might think that a spouse or former spouse in a divorce or post-decree matter, makes allegations of inappropriate contact against a former spouse or a former spouse's significant other.

    You should immediately have your husband contact his attorney or find an attorney. I would not wait because these situations generally get worse with time if not addressed. Among other things, I would have your attorney obtain copies of the supposed "nude pics".

    Sometimes, a former spouse goes to court and gets a restraining order based on the report of a child when the report is not corroborated and the child later denies making the statements that led to the issuance of the restraining order.

    I think in your case, your husband needs to find an attorney immediately. This problem is not of the type that normally go away by itself. Keep in mind that the Judge who issued the restraining order has only heard one side of the story and hasn't heard your evidence yet. most Judges keep an open mind and if you prevail might, but are not required, to order the former spouse to reimburse your husband for his legal expenses. The decision though, is up to the Judge.

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  • I was involved in a rearend collision and have not herd from the other drivers insurance company.

    on Aug,30 2010 i was in an rearend collision, witch resulted in my being towed and possibly totaled, i refuded medical treatment at the scene but later in the eveing i went to the er and had some xrays done because of leg and back pain, it has bee...

    Steven’s Answer

    First, you should get medical care for your injuries and make sure that you follow your doctor's medical advice. It is not uncommon for people who are involved in car crashes, even those with serious injuries, to want to get home to their family, and then later when the adreneline has left, the pain appears and they seek medical attention.

    Second, make sure either you or your insurance agent file the Indiana State form showing that you had insurance coverage. You must do this even if the accident was not your fault.

    Third, some insurance companies are good. Others are bad. Some insurance companies will not pay to have your car repaired with new parts even if your car is "new" and will insist upon using "after market" parts. If your car is "new" this is unfair to you. I suggest you contact your insurance company, let them repair your car and then your insurance company can seek reimbursement from the insurance company of the person that hit you.

    Fourth, I would not give the other driver's insurance company a statement.

    Finally, I suggest that you contact a lawyer who has experience in handling car crashes. Hopefully, you only suffered some bruising and will get better soon. But, you never know. Photograph your injuries.

    Hope this helps.

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  • Do I need an attorney to have a claim covered?

    Recently I had new struts put on my car. The driver's side strut was defective and the shaft broke and went thur the hood of my car. The auto parts company that sold the strut did replace the part - I still have the bill to cover to the shop th...

    Steven’s Answer

    I don't know how much money is involved. One option you have if there is a small amount of money involved is small claims court but since the other side might be a corporation, the defense probably will have a lawyer.
    I suggest you consider consulting with a lawyer. Bring all of your papers to the meeting. Have the papers organized in chronological order. Write a brief timeline of what happened. Then you can decide whether to hire a lawyer or not.
    If you check through the Bar Association in the area where you live, they might offer attorney referrals at discounts. I do think it's worth your time to consult with an attorney. Hope this helps.

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