What Is Considered Medical Malpractice?

Medical malpractice is a complex issue that can have devastating consequences for patients who have been subjected to substandard medical care. It is an umbrella term that encompasses a wide range of healthcare provider negligence or misconduct, including misdiagnosis, surgical errors, medication errors, birth injuries, and more. 

Essentially, medical malpractice occurs when a healthcare professional or institution fails to meet the appropriate standard of care and that failure results in harm to the patient. This can include a failure to diagnose or misdiagnosis, surgical errors, medication errors, and other forms of negligence.

In Indiana, medical malpractice is governed by the Indiana Code section 34-18-2. This statute defines medical malpractice as the failure of a healthcare provider to comply with the appropriate standard of care, resulting in injury or death to the patient. 

The statute sets forth specific requirements for medical malpractice claims, including the need for expert testimony to establish a breach of the standard of care and the need to file a complaint with the Indiana Department of Insurance before filing a lawsuit.

It is important to note that not every medical error or negative outcome is considered medical malpractice. In order for medical malpractice to have occurred, there must be a clear and demonstrable breach of the standard of care, which is generally established through expert testimony. Additionally, the patient must have suffered some harm or personal injury as a result of that breach.


Examples of Medical Malpractice in Fort Wayne

Medical malpractice can take many forms and can lead to serious injuries, disabilities, and even death. Fort Wayne residents can be vulnerable to medical malpractice, just like anyone else. Here are some common examples of medical malpractice that occur frequently:

  • Surgical errors: These types of errors can happen during any type of surgery, but common surgical errors include operating on the wrong patient or body part, leaving surgical instruments inside the patient’s body, or making mistakes during the suturing process.
  • Misdiagnosis or delayed diagnosis: When a doctor fails to accurately diagnose a patient’s condition or makes an incorrect diagnosis, it can lead to delayed treatment or treatment for the wrong condition. This can result in a worsening of the patient’s condition or the need for more invasive treatments.
  • Medication errors: Medication errors can occur when the wrong medication is prescribed, the wrong dosage is given, or when the medication interacts with another medication the patient is taking.
  • Birth injuries: Medical malpractice during childbirth can cause serious and permanent injuries to the newborn or mother, such as cerebral palsy, Erbs palsy, and brain damage.
  • Anesthesia errors: Anesthesia is a complex process that requires careful monitoring and administration. Errors in administering anesthesia can result in serious injuries, such as brain damage, paralysis, or death in the worst cases.
  • Failure to diagnose or treat a condition: When a doctor fails to diagnose a condition in a timely manner or fails to provide the appropriate treatment, it can lead to serious complications, disabilities, or death.
  • Infections acquired in hospitals: Hospitals are supposed to be places of healing, but they can also be breeding grounds for infections. When a hospital fails to follow proper sanitation protocols or fails to identify and treat infections, it can lead to serious complications or death.

It is important to note that these are just a few examples of medical malpractice that can occur. If you suspect that you or a family member has been a victim of medical malpractice in Fort Wayne, it is important to seek the advice of a medical malpractice lawyer as soon as possible. They can help you determine if you have a case and guide you through the legal process.

Common Injuries After Medical Malpractice

While medical malpractice can take various forms, the resulting injuries can be life-changing. Patients can suffer from a range of injuries that have severe, long-term consequences. Some common injuries after medical malpractice include:

  • Brain injuries
  • Paralysis
  • Organ damage
  • Infections
  • Loss of limb
  • Birth injuries
  • Wrongful death


Recoverable damages you can claim

If you suffered from medical malpractice, you may be entitled to recover the following damages, according to the evidence you can provide:

  • Medical expenses, including past and future medical bills
  • Lost wages and income
  • Pain and suffering
  • Disability or disfigurement
  • Loss of earning capacity
  • Funeral expenses in wrongful death cases

It is important to work with a medical malpractice lawyer who can help you understand your rights and the types of damages you may be eligible to recover because it will depend on your injuries and non-economic losses.

What Can a Fort Wayne Medical Malpractice Lawyer Do for You?

A medical malpractice lawyer can help you navigate the legal process and ensure that your rights are protected. Here are some of the processes in which a personal injury lawyer can help you claim justice:

  1. Investigate your case: A medical malpractice lawyer can review your medical records, consult with medical experts, and investigate the circumstances surrounding your injury to determine if medical malpractice occurred.
  2. Negotiate with insurance companies: We can negotiate with insurance companies on your behalf to ensure that you receive fair compensation for your losses.
  3. Represent you in court: If your case goes to trial, a medical malpractice lawyer can represent you in court and present your case to a judge and jury.

Medical malpractice can have life-changing consequences for patients and their families. If you suffered from medical malpractice in Fort Wayne, it is important to consult with a medical malpractice lawyer as soon as possible to start working on your case. 

Our team of attorneys at Christie Farrell Lee & Bell have the knowledge and decades of experience to help you understand your legal rights and seek the compensation you deserve. Contact us today for a free consultation.