How Does Medical Malpractice Differ from Negligence?

While both medical malpractice and negligence involve substandard care, they carry distinct legal definitions and implications. For patients seeking justice, understanding these differences is crucial in determining the right course of action. 

Here, we’ll cover the nuances between these two legal concepts and how they affect your ability to pursue compensation for injuries or damages.

What is Considered Negligence in the Healthcare Industry

In the healthcare industry, negligence occurs when a medical professional fails to provide the standard of care expected, resulting in harm or injury to a patient. Indiana Code § 34-18 outlines the legal framework for medical malpractice in the state, detailing the processes and standards for filing and litigating claims. 

This statute ensures accountability for substandard care and defines negligence through several factors:

• Duty of care: The healthcare provider owed a duty of care to the patient.
• Breach of duty: The provider breached this duty by failing to meet the standard of care.
• Causation: The breach of duty directly caused the patient’s injury.
• Damages: The patient suffered actual harm or damages due to the breach.

Proving medical negligence requires a thorough review of the medical care provided. At Christie Farrell Lee & Bell, we investigate the incident, consult experts to analyze medical records and treatments, and represent you at each stage of the legal process. Our team meticulously evaluates healthcare providers’ actions against these standards to determine negligence.

If you’re considering a lawsuit in Indiana, our medical malpractice lawyers can help you build a strong case. With compelling arguments backed by evidence, and ensuring compliance with all relevant laws and procedures, we can fight for your right to compensation.

Common Examples of Negligence in the Medical Field

In the medical field, negligence can manifest in various scenarios, but most commonly include:

Misdiagnosis

Misdiagnosis occurs when a healthcare provider incorrectly identifies a patient’s condition. When this leads to inappropriate or delayed treatment, it can worsen the patient’s condition or cause additional health complications.

Incorrect Medication

Medical negligence in this area includes prescribing the wrong medication or dosage and failing to consider potential drug interactions. These medication errors can result in serious consequences, such as adverse reactions or ineffective treatment.

Prenatal Care and Birth Injuries

Negligence during prenatal care or childbirth includes failing to monitor the baby’s health, improper use of delivery instruments, or not addressing complications during labor. Negligence here can lead to a severe impact on both mother and baby, resulting in birth trauma like cerebral palsy or birth defects.

Surgical Errors

Surgical errors involve performing the wrong procedure, operating on the wrong body part, or leaving surgical instruments inside the patient. These mistakes can cause significant complications and may require additional surgeries to correct. 

Anesthesia Administration

Errors in the process of administering anesthesia, such as incorrect dosage or failure to monitor vital signs, can lead to severe injuries, like brain damage and organ failure, or even wrongful death.

What to Do If Medical Malpractice or Negligence Happens to You in Indiana?

Experiencing medical malpractice or negligence can be confusing, and knowing the right steps to take will make it less overwhelming. To protect your rights and strengthen your case, follow these steps:

1. Document everything: Keep detailed records of all medical treatments, communications with healthcare providers, and any changes in the injury or condition caused by the malpractice.
2. Request medical records: Obtain copies of your medical records and keep all bills related to your medical expenses. This evidence will be crucial to substantiate your case and calculate damages.
3. Contact a medical malpractice attorney to evaluate your case and discuss your legal options. Avoid admitting fault, signing documents, providing recorded statements, and accepting quick settlement offers before consulting with a lawyer.
4. File a complaint: Indiana Code § 34-18-10 mandates the formation of a medical review panel to evaluate claims before they proceed to court. Your lawyer will report the incident to the appropriate medical board or regulatory authority. 

Your Legal Options in a Medical Malpractice Case

One primary avenue for negligence victims is to file a medical malpractice lawsuit against the healthcare provider or facility responsible for their injury. However, with the help of a lawyer who can build a strong case for compensation, many medical malpractice claims are resolved through settlements before reaching trial. 

Besides negotiating with insurance companies, some cases are resolved through alternative dispute resolution methods, such as mediation or arbitration. Negotiating a fair settlement this way can save time and resources while ensuring you receive adequate compensation. 

You can also report the negligent healthcare provider by filing a complaint with the state attorney general’s office’s Consumer Protection Division (CPD). This can impose disciplinary actions, including revoking medical licenses, to prevent future malpractice incidents.

Damages You Can Claim

As a victim of medical malpractice, you can seek compensation for both economic and non-economic losses. Here are the types of damages you can claim:

• Medical expenses: This includes compensation for past and future medical costs related to the malpractice, such as hospital stays, surgeries, medications, and rehabilitation.
• Lost wages: If the injury affects your ability to work, you can claim compensation for lost income and future earning capacity.
• Pain and suffering: Non-economic damages for physical pain, emotional distress, anxiety, depression, and loss of enjoyment of life.
• Loss of consortium: Compensation for the impact on your relationships with your spouse and family, including loss of companionship and affection.

Contact a Medical Malpractice Attorney Today – We Can Help You Prove Negligence

If you or a loved one has been harmed due to medical malpractice, it’s crucial to act swiftly. Our attorneys at Christie Farrell Lee & Bell can help prove negligence through thorough investigation, strategic case-building, and fierce negotiation techniques. 

With decades of experience, we’re dedicated to holding negligent parties accountable and securing the compensation you deserve. Schedule a free consultation with us to discuss your case and explore your legal options. We invite you to contact us today to get started,