Charles Candiano

• Free Consultation
  You and I will discuss your claim until I am satisfied that I can help and your questions are answered, WITHOUT cost or obligation.
• Contingent Fees
  Our fee on Personal Injury cases is 1/3 of the recovery and costs. Our fee on Workers' Compensation cases is set by statute at 20% of Settlement or Award and costs

Illinois

Since 1995

Indiana

Since 1996

Federal Circuit

Since 1995

Owner

Candiano Law Office

2013 - Current

Trial Attorney

The Margolis Firm, PC

2004 - 2013

Trial Attorney

Margolis & Velasco

2001 - 2004

Trial Attorney

Rusin, Patton, Maciorowski & Friedman

2000 - 2001

Deputy Prosecuting Attorney

Office of the Prosecuting Attorney, Lake County Indiana

1996 - 1999

The John Marshall Law School

J.D. (1995)

Chicago Bar Association

Chair Professional Fees Committee

2017 - Current

Indiana State Bar

Member

2006 - Current

Illinois Trial Lawyers Association

2001 - Current

Q. Can I take legal action if my family discloses my therapy sessions?

April 23, 2025

A: Please don't provide any further details of your concerns in a public forum. If you are a minor, your parents or legal guardians have unrestricted access to your medical records in most jurisdictions, including Indiana. You state that your parents' disclosure "has made it harder for [you] to attend therapy." That implies that your parents have been discussing your situation with your therapist. This is not unusual as many therapists would want to understand a parent or guardian's knowledge/understanding of whatever may be troubling you. If you are an adult, your therapist needs your permission to speak with your parents. If you are a minor, it is entirely within the therapist's discretion whether to discuss your sessions with your parents. Such communication is not prohibited under Indiana law or under HIPAA (Health Insurance Portability and Accountability Act). Moreover, there is no private right of action under HIPAA. that means that a provider may be subject to fines but an individual whose information is wrongly disseminated cannot sue the provider. Again, if you are a minor, HIPAA does not apply.

You posted this under libel and slander. Libel is written defamatory statements and slander refers to oral defamatory statements. In any defamation action, truth is an absolute defense. Moreover, defamation actions are very expensive and you must be able to prove pecuniary (money) damages. A defamation action against your parents would be ill-advised. I hope this addresses your concerns. ... Read More

Q. I am not a named defendant in a malpractice suit filed in January 2023, but I received a subpoena because the plaintiff

April 23, 2025

A: There is a two-year SOL. I did not say that you, specifically, could be added because many more details are needed to perform that analysis. If your involvement "relates back" to the same transaction and occurrence that is the subject of the filed lawsuit and it can be demonstrated that you are not prejudiced by adding you after the SOL, it may be possible to add you. If this is a legal malpractice claim, you are an attorney and should be able to perform the analysis on your own. Moreover, you probably have legal malpractice insurance which will provide counsel to guide you and to defend the claim. If this is medical malpractice, you or the individuals for whom you worked at the time of the incident had or should have had medical malpractice insurance which will provide counsel. That attorney who represents you is in the best position to give you the best answer possible. I am not trying to equivocate but that is the best that I can do. ... Read More

Q. Can I sue for non-consented family translation for a schizophrenia patient?

April 21, 2025

A: You don't tell us who you are, nor do you specify the basis of your proposed lawsuit. To summarize, you are somehow related to an individual suffering from schizophrenia. The individual's brother-in-law translated medical conversations with unknown persons, in an unknown context, while they were allegedly under duress. You are not present so you have no idea what was said. The relative who translated doesn't remember what was said or what was translated but it may have concerned questions about the patient's mental state such as whether she hears voices or wants to harm herself. You further allege that this thirdhand hearsay was somehow "used" in a divorce filing and you want to sue the doctor. On what theory? What did the doctor do wrong? What is your relationship to anyone? If you are the legal guardian of someone who was harmed by the doctor, you may be able to bring an action against the doctor in your capacity as guardian. That said, you have alleged no injury and you have not told us that you were appointed by a Court as guardian of the injured party. In short, you have not provided any information necessary to answer your question. If you're simply asking whether it is illegal to allow a family member to translate for a patient, the short answer is "NO." That said, medical providers are generally discouraged from relying EXCLUSIVELY on interpretation by friends, family, or other nonprofessionals. ... Read More

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