What is Considered Medical Malpractice in Indiana?

According to the law medical malpractice transpires when a healthcare provider, such as a physician, nurse, or hospital, neglects to provide adequate care, treatment, or diagnosis, causing injury, death, or damages to the patient. 

It’s important to recognize that not all medical errors or negative outcomes constitute medical malpractice, and proving medical malpractice requires demonstrating that the healthcare provider’s actions or omissions deviated from the accepted standard of care and directly caused the patient’s injuries or damages.

Therefore, here are some examples of medical malpractice:

  • Surgical errors, such as wrong-site surgeries, improper incisions, or leaving surgical instruments inside the patient’s body.
  • Misdiagnosis or failure to diagnose a medical condition, resulting in delayed or incorrect treatment.
  • Medication errors, such as prescription errors or administering the wrong medication to a patient.
  • Birth injuries, such as injuries to the baby or mother during childbirth due to negligence or improper medical care.
  • Anesthesia errors, including administering the wrong type or dosage of anesthesia, or failing to monitor a patient’s vital signs during surgery.

It’s important to note that not all medical errors or bad outcomes are considered medical malpractice. In Indiana, medical malpractice requires proving that the healthcare provider’s actions or omissions deviated from the accepted standard of care and directly caused the patient’s injuries or damages.

Type of Injuries Related to Medical Malpractice Cases in Gary

Negligence when receiving healthcare can result in a wide range of injuries and damages to patients. These injuries can be severe, and debilitating, and may require ongoing medical treatment, rehabilitation, and long-term care. Some of the most common injuries related to medical malpractice cases in Gary include:

  •     Infections acquired in a healthcare setting
  •     Anesthesia-related injuries
  •     Obstetrical injuries
  •     Diagnostic errors
  •     Prescription errors
  •     Delayed or improper treatment
  •     Wrong-site surgery or wrong-patient surgery
  •     Injuries related to medical devices or equipment.

These are just a few examples of the types of injuries that can result from medical malpractice in Gary. But if you believe you or a loved one has suffered harm due to medical negligence, even if your personal injury is not on the list, it’s crucial to seek legal advice from an experienced lawyer who can evaluate your case and help you understand your rights and options for compensation.

How to Recover from Medical Negligence: Compensation for Damages You Can Claim

Victims of medical malpractice may be entitled to compensation for damages suffered, including both economic and non-economic damages. Identifying these damages is essential for building a strong case and claiming all injuries and damages incurred.

Economic damages

Economic damages are quantifiable losses that can be measured in monetary terms and may include:

  • Medical expenses: This includes past, current, and future medical expenses related to the injuries caused by medical malpractice, such as hospitalization, surgeries, medications, rehabilitation, and ongoing medical care.
  • Lost wages: If the victim has lost income or earning capacity due to the injuries caused by the medical malpractice, they may be entitled to compensation for the lost wages, including past and future income that would have been earned but for the injuries.

Non-economic damages

Economic damages can be more tangible, but there’s an emotional burden involved in medical malpractice injuries that you can claim for. Non-economic damages are subjective losses that do not have a specific monetary value but are equally important for the victim. These may include:

  • Pain and suffering: This includes physical pain, emotional distress, and mental anguish caused by the injuries and resulting medical treatments or procedures.
  • Loss of enjoyment of life: If the victim’s quality of life has been significantly diminished due to the injuries caused by the medical malpractice, they may be entitled to compensation for the loss of enjoyment of life, including the inability to participate in activities or hobbies that they once enjoyed.
  • Loss of consortium: If the injuries caused by negligence have resulted in the loss of companionship, intimacy, or support of a loved one, the victim or their family may be entitled to compensation for loss of consortium.

It’s important to note that Indiana has a statutory cap on the number of damages that can be awarded in medical malpractice cases. According to Indiana Code 34-18-14, the total amount of damages, both economic and non-economic, that can be awarded in a medical malpractice case is limited to $1.8 million for injuries occurring on or after July 1, 2019. 

However, there are exceptions to this cap in cases of catastrophic injuries, wrongful death, or where the healthcare provider’s actions were grossly negligent or intentional.

Don’t Settle for Less – Contact Us to Request a Free Consultation

If you or a loved one has been a victim of medical malpractice in Gary, it’s crucial not to settle for less than you deserve. 

We know the aftermath of medical negligence can be overwhelming, both physically and emotionally, and navigating the complex legal process of a medical malpractice claim can be daunting. That’s where an experienced Gary medical malpractice lawyer at Christie Farrell Lee & Bell can help.

With our in-depth understanding of Indiana medical malpractice laws, we are well-equipped to fight for your rights and pursue the maximum compensation you are entitled to. We offer a free consultation to evaluate your case, discuss your legal options, and provide expert guidance on the best course of action for your unique situation.

Contact us today to schedule your free consultation and take the first step towards recovering the compensation you deserve for your medical malpractice injuries. Don’t let medical negligence go unchecked – let us fight for your rights and help you on the path to recovery.