What Constitutes Medical Malpractice in Indiana?

Medical malpractice occurs when a healthcare provider fails to meet the standard of care expected of them, resulting in harm to the patient. And if you or a loved one have suffered from medical malpractice, it’s crucial to understand what constitutes medical malpractice in Indiana and your legal rights.

Under Indiana law, medical malpractice is governed by a set of statutes and laws that define the legal scope of medical malpractice cases. According to Indiana Code 34-18-2, medical malpractice occurs when a healthcare provider breaches the standard of care, resulting in injury or death to the patient. 

The standard of care refers to the level of care, skill, and diligence that a reasonably prudent healthcare provider would provide under similar circumstances.

But how to prove medical negligence in court?

Several factors must be present to establish medical malpractice in Indiana, including:

  • Doctor-patient relationship: A doctor-patient relationship must exist, meaning that the healthcare provider has a duty of care toward the patient. This relationship can be established through a formal agreement or when the healthcare provider agrees to provide medical care to the patient.
  • Breach of the standard of care: The healthcare provider must have breached the standard of care by failing to provide the level of care expected of them. This breach may be in the form of negligence, errors in diagnosis or treatment, surgical errors, medication errors, or failure to obtain informed consent from the patient.
  • Injury or harm: The breach of the standard of care must result in injury or harm to the patient. This can include physical injuries, emotional distress, additional medical expenses, lost wages, or other damages.
  • Causation: There must be a direct link between the healthcare provider’s breach of the standard of care and the injury or harm suffered by the patient. This requires establishing that the healthcare provider’s actions or omissions directly caused the harm and that the harm would not have occurred otherwise.

If all these elements are present, a patient may have a valid medical malpractice claim in Indiana to recover the losses produced by the negligence of a healthcare provider.

Can You Sue for Malpractice?

If you or a loved one have been a victim of medical malpractice, you may wonder if you have the right to sue for malpractice in Indiana. The answer is yes, under certain conditions as we mentioned before.

In the state, patients who have suffered harm due to medical malpractice have the right to pursue legal action against the responsible healthcare provider or entity that caused the injury. The law allows patients to file medical malpractice lawsuits to seek compensation for their damages, including medical expenses, lost wages, pain and suffering, and other losses.

However, it’s important to note that in medical malpractice lawsuits, some specific requirements and procedures must be followed, including adhering to the statute of limitations, which limits the time within which a lawsuit can be filed. 

And it’s worth mentioning that the statute of limitations for medical malpractice cases is generally two years from the date of the alleged malpractice or two years from the date the malpractice was discovered, but no more than five years from the date of the alleged malpractice.

Additionally, Indiana has a Medical Malpractice Statute that requires certain procedures to be followed before a lawsuit can be filed against a healthcare provider, including the submission of a proposed complaint to a medical review panel for evaluation. This panel will review the claim and issue a non-binding opinion, which is not admissible in court but must be obtained before proceeding with a lawsuit.

Recoverable Losses in Medical Malpractice Cases

Victims of medical malpractice in Bloomington may be entitled to seek compensation for the losses, both for economic and non-economic damages, according to the injuries and losses you can prove.

Economic damages

Economic damages are the actual financial losses that result from medical malpractice, and they may include:

  • Medical expenses: This includes the cost of medical treatment, hospitalization, surgeries, medications, rehabilitation, and any other medical expenses incurred as a result of the malpractice.
  • Lost wages: If the victim is unable to work due to the injuries caused by the malpractice, they may be entitled to compensation for lost wages, including past and future lost wages.
  • Loss of earning capacity: If the victim’s ability to earn a living in the future is diminished due to the malpractice, they may be entitled to compensation for the loss of earning capacity.

Non-economic damages

Non-economic damages, on the other hand, are more subjective and relate to the physical, emotional, and psychological harm suffered by the victim and may include:

  • Pain and suffering: This includes physical pain, emotional distress, and mental anguish suffered as a result of the malpractice.
  • Loss of consortium: If the malpractice has caused the victim to lose the companionship, care, and support of a spouse or family member, they may be entitled to compensation for loss of consortium.
  • Loss of enjoyment of life: If the malpractice has caused the victim to lose the ability to enjoy life as they did before, they may be entitled to compensation for loss of enjoyment of life.

But the amount of recoverable damages in a medical malpractice case depends on various factors, including the severity of the injuries, the impact of the malpractice on the victim’s life, and the economic losses incurred. 

That’s why it’s crucial to work with a medical malpractice lawyer who can accurately assess the value of your claim and fight for maximum compensation on your behalf.

Claims Our Bloomington Medical Malpractice Lawyer Handle

At Christie Farrell Lee & Bell law firm, we have decades of experience handling a wide range of medical malpractice claims in Bloomington and all across Indiana. Our skilled team of medical malpractice lawyers is dedicated to protecting the rights of victims of medical negligence and helping them seek justice and fair compensation.

Some of the common medical malpractice claims we handle in Bloomington include:

  • Misdiagnosis or delayed diagnosis
  • Surgical errors
  • Medication errors
  • Birth injuries
  • Anesthesia errors
  • Nursing home negligence
  • Emergency room errors
  • and more

Our Indiana based personal injury lawyers understand the intricacies of Indiana medical malpractice laws and regulations, including the Indiana Medical Malpractice Act, which governs medical malpractice claims in the state.

We are well-versed in the legal requirements and procedures for pursuing a medical malpractice claim in the state and have a proven track record of helping our clients get fair compensation to cover their losses.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to meet the standard of care expected of them, resulting in harm to the patient. According to Indiana Medical Malpractice Law, it is defined as a tort or breach of contract based on health care or professional services that were provided, or should have been provided, by a healthcare provider to a patient. This includes acts of negligence, errors in diagnosis or treatment, surgical mistakes, and failure to obtain informed consent from the patient.

To establish a valid claim, it must be demonstrated that the healthcare provider deviated from the accepted standard of care and that this deviation directly caused the patient’s injury or harm.

Common Types of Injuries from Medical Malpractice

In our decades of experience representing injured patients, we have seen how medical malpractice can result in a wide range of injuries, many of which can have severe and long-lasting effects. Common types of injuries seen in medical malpractice cases include:

  • Birth injuries
  • Brain injuries
  • Spinal cord injuries
  • Surgical errors
  • Medication errors
  • Misdiagnosis or delayed diagnosis
  • Infections

We know that each case is unique and here, at Christie Farrell Lee & Bell, we have a proven track record of helping victims of medical malpractice secure the compensation they deserve.

Understanding the Indiana Medical Malpractice Claims Process

Filing a medical malpractice claim in Indiana involves several steps. Understanding this process can help you navigate your claim more effectively.

Steps to File a Medical Malpractice Claim

Consulting with an experienced attorney can help you understand your rights and options, and it’s the first step toward claiming compensation. At our law firm, we offer free consultations to review your case and provide professional guidance on the process:

  1. Gathering and presenting evidence that is vital for supporting your claim. This includes medical records, test results, witness statements, and other relevant documentation.
  2. Indiana law requires a medical review panel evaluation before filing a medical malpractice lawsuit. This involves obtaining an expert medical opinion from a qualified healthcare professional who can attest to the standard of care that should have been provided and whether the defendant’s healthcare provider breached that standard.
  3. File a notice of claim with the Indiana Department of Insurance and provide notice to the healthcare providers you intend to sue. The notice must include a detailed description of the claim, the alleged breach of the standard of care, and the damages suffered.
  4. If a settlement cannot be reached, you may need to file a medical malpractice lawsuit in court.

How Do Medical Malpractice Lawyers Prove Malpractice?

Proving medical malpractice involves demonstrating that a healthcare provider deviated from the accepted standard of care and that this deviation caused harm to the patient. Under Indiana Code, the following elements must be established:

  1. Duty of care: The healthcare provider had a duty to provide care to the patient.
  2. Breach of duty: The healthcare provider failed to meet the standard of care expected in their field.
  3. Causation: The breach of duty directly caused the patient’s injury or harm.
  4. Damages: The patient suffered damages as a result of the breach.

To prove these elements, medical malpractice lawyers gather and present evidence such as medical records, expert testimonies, and witness statements. They work to show that the healthcare provider’s actions were not just substandard but directly responsible for the patient’s injuries.

How Much Can You Get from a Medical Malpractice Lawsuit?

If you have been a victim of medical malpractice, you may be wondering how much compensation you can receive from a medical malpractice lawsuit and if it’s worth it to present a claim. But the truth is the amount of damages that can be recovered in a medical malpractice lawsuit varies depending on the specific circumstances of the case.

In Indiana, there is no cap on economic damages in medical malpractice cases, which means that victims can potentially recover the full amount of their economic losses, including medical expenses, lost wages, and loss of earning capacity. 

However, non-economic damages in Indiana are subject to a cap, which is adjusted annually based on the Consumer Price Index.

But it’s important to note that these caps on non-economic damages do not apply in cases where medical malpractice resulted in death, catastrophic injury, or permanent loss of bodily function. In such cases, there is no cap on non-economic damages, and victims may be able to recover the full extent of their non-economic losses.

Punitive damages

In addition to economic and non-economic damages, the state also allows for the recovery of punitive damages in medical malpractice cases. Such damages are intended to punish the at-fault party for their willful or reckless conduct and to deter similar conduct in the future. However, punitive damages in Indiana are subject to a cap of three times the amount of compensatory damages or $50,000, whichever is greater.

It’s important to note that determining the potential value of a medical malpractice lawsuit requires a thorough evaluation of the specific facts and circumstances of the case, including the extent of the injuries, the impact on the victim’s life, and the availability of insurance coverage. Working with a medical malpractice lawyer who can accurately assess the damages and fight for maximum compensation on your behalf is crucial to receive fair and just compensation for your losses.

At Christie Farrell Lee & Bell, our team of medical malpractice lawyers in Bloomington is dedicated to helping victims of medical negligence seek justice and fair compensation for their losses. From determining what constitutes medical malpractice in Indiana to guiding you through the process of filing a medical malpractice claim, and advocating for your rights in court, we are committed to providing compassionate and skilled legal representation.

Contact us today and request a free consultation to understand your rights and the best course of action.