Medical Malpractice Lawyer in Indianapolis

What is Medical Malpractice?

An act of medical malpractice happens when a healthcare professional performs outside the generally accepted or legally mandated standards of care. This could mean prescribing medicine for off-label use, giving inadequate aftercare instructions compared to others in their practice area, or simply not paying attention to things they should. Medical malpractice in Indiana can also occur through failure to act when most other caregivers would choose to give a certain treatment or intervention (like oxygen or CPR), and injury or wrongful death results because one care provider did not follow those standards of care. Statistics show that around 250,000 people are killed by medical errors every year, according to a Johns Hopkins study.

Common forms of medical malpractice include:

• Failure to diagnose, including failure to order tests
• Failure to consult with another doctor if specialty insight is needed
• Premature discharge from the emergency department
• Failure to review medical records
• Not using an interpreter to communicate adequately with the family leads to the patient’s injury or death
• Failure to address abnormal results or make a new diagnosis based on new information

For a medical malpractice lawsuit to succeed, injuries must be directly caused by the negligence of the health care provider. Between 2009 and 2018, reports have shown that physicians (MD) are more likely to be sued for medical malpractice. In Indiana, you have two years from the time of the injury to file a medical malpractice claim, per the Statute of Limitations law.

What is Your Medical Malpractice Case Worth?

Every medical malpractice case is different and why it’s important to call us to discuss your specific incident. We will know what the next steps are and if you have a case. However, we have been fortunate to get incredible verdicts and settlements for our clients. Results matter and that’s why Christie Farrell Lee & Bell is the right choice to handle your medical malpractice claim if you live in Indiana. Our results speak for themselves – feel free to review our featured case results here.

Types of Compensation for Medical Malpractice Cases in Indianapolis

In medical malpractice cases, the types of compensation awarded are reflective of the multifaceted impact of medical negligence. At our law firm, our medical malpractice lawyers advocate for comprehensive compensation that addresses the full scope of our clients’ losses.

Medical Expenses

Compensation for medical expenses covers both current and future medical costs resulting from the malpractice. This may include hospital stays, surgeries, medications, and any specialized care required.

Lost Wages and Earning Capacity

This compensation addresses the income lost due to time away from work and any diminished earning capacity resulting from the malpractice.

Long-term Care and Rehabilitation Costs

For victims requiring ongoing care or rehabilitation, compensation is provided to cover these long-term expenses.

Punitive Damages

In cases of egregious negligence, punitive damages may be awarded as a means of punishing the wrongdoer and deterring future misconduct. We will vigorously advocate for your right to justice and assist you in establishing a precedent to prevent further harm caused by negligence.

In Indiana, under I.C. § 34-51-3-4, the amount of punitive damages that a plaintiff can be awarded in a civil case is restricted. The cap on punitive damages is set at the greater of $50,000 or three times the total amount of compensatory damages.

Medical Malpractice Cases We Take in Indianapolis

Negligent medical diagnosis, treatment, or surgery can cause injuries or complications that have devastating effects, including the loss of a loved one. There are many types of injuries that can occur; here are a few types of medical malpractice cases we handle.

Prescription Drug Negligence

Prescription drug errors occur when a doctor improperly prescribes the wrong medication, or when a nurse or pharmacist administers an incorrect dosage. These errors may lead to severe health complications, allergic reactions, or dangerous drug interactions. Patients rely on their healthcare providers for accurate and safe prescriptions, and when this duty is breached, it can result in devastating outcomes.

This type of medication error takes many forms:

• Dosages that are too much or too little
• Medication errors – giving the patient the wrong type of medication
• Medicine that causes negative interactions
• Medicine that causes patients to have allergic reactions
• An incorrect dose to a child

A physician might also fail to give their patient the proper instructions they need in order to take their medication safely, which can also have serious consequences. In Indiana, making a case against caregivers that may be negligent in this way requires the support of a team that understands Indiana’s medical malpractice system.

Pregnancy Injuries and Birth Injury Cases

Birth injuries are among the most common forms of medical malpractice related to pregnancy and delivery. They can occur when medical professionals fail to monitor the mother or fetus properly, leading to complications such as nerve damage, cerebral palsy, or brain injuries. Misdiagnosing or failing to address conditions like gestational diabetes, preeclampsia, or ectopic pregnancies can also result in a medical malpractice claim.

Other common injuries that occur to babies at birth are:

• Brain damage
• Cerebral palsy
• Erb’s palsy
• Lack of oxygen
• Broken bones
• Medical negligence in treating the pregnant mother

Conditions such as ectopic pregnancy occur in 1-2% of all childbirths. This is when the fetus is attached to somewhere inside the woman other than the uterus. Not only is this a dangerous condition that might go unnoticed, but if a doctor misdiagnoses this condition, they may administer medications that could cause the mother to miscarry without need.

Cancer Misdiagnosis

Cancer misdiagnosis occurs when a healthcare provider fails to recognize signs of cancer or misidentifies it as another condition. This delay or error can lead to unnecessary treatments, worsened prognoses, or even loss of life. Proper screening and accurate diagnosis are critical to effective cancer care, and negligence in this area can lead to catastrophic results.

Nursing Home Neglect

Negligence in nursing homes can lead to severe injuries or even fatalities. When residents are not provided with the standard of care they deserve, it can result in falls, medication errors, malnutrition, or infections. Nursing home residents are particularly vulnerable, and families may have grounds for a nursing home negligence claim if their loved one suffers due to staff oversight or malpractice.

Caregiver Negligence

Negligence by caregivers can take many forms, such as misdiagnosing conditions like strokes or heart attacks, improper hygiene practices, or failure to respond to critical symptoms. This can lead to worsening conditions, prolonged recovery, or even fatalities. In such cases, pursuing a caregiver negligence lawsuit ensures accountability and justice for the victim.

Anesthesiologist Error

Errors in administering or monitoring anesthesia during procedures can result in catastrophic injuries, including brain damage, nerve injuries, or even death. Anesthesiologist errors may include administering the wrong dosage, failing to monitor vital signs, or not accounting for patient allergies.

Surgical Injuries and Errors

Surgical errors include preventable mistakes such as operating on the wrong site, leaving surgical tools inside a patient, or administering incorrect anesthesia. These “never events” are serious breaches of medical standards. Victims of surgical malpractice often face prolonged recovery times, additional surgeries, or life-altering consequences.

Robotic DaVinci Surgery Injuries

Robotic surgery malpractice, particularly involving the DaVinci surgical system, occurs when device malfunctions or surgeon errors result in injuries. These cases may involve burns, organ damage, or complications caused by device failure during a procedure. A study of FDA data from 2000–2013 revealed over 10,000 adverse events linked to robotic surgeries, including 144 fatalities. Victims of these incidents may seek compensation for injuries caused by negligence in operating or maintaining the device.

Emergency Room Negligence

Emergency room negligence occurs when medical professionals fail to properly diagnose or treat a patient during critical care. Misdiagnosis, delayed treatment, or medication errors in emergency situations can lead to severe injuries or death. Victims of such negligence may have grounds for an emergency room malpractice claim.

Stroke Misdiagnosis

A stroke misdiagnosis can have devastating consequences, as timely intervention is crucial to prevent permanent brain damage or death. When healthcare providers fail to recognize or properly treat the signs of a stroke, patients and their families may seek justice through a stroke malpractice lawsuit.

Cauda Equina Syndrome

Cauda equina syndrome negligence occurs when medical professionals fail to diagnose or treat this urgent spinal condition. Delayed treatment can lead to permanent nerve damage, mobility loss, or bowel and bladder dysfunction. Victims of this type of medical malpractice often endure life-altering consequences.

Pulmonary Embolism Mismanagement

Failing to prevent, diagnose, or treat a pulmonary embolism can lead to fatal complications. This condition requires immediate medical attention, and negligence in managing it may result in severe outcomes or wrongful death. Victims may pursue a pulmonary embolism malpractice lawsuit to hold negligent providers accountable.

Sports Medicine Negligence

Sports medicine negligence happens when medical professionals fail to properly diagnose or treat injuries related to sports. This can lead to worsened conditions, unnecessary surgeries, or prolonged recovery times. Victims can file claims against sports medicine specialists for malpractice.

Indiana Statute of Limitations for Medical Malpractice

The Indiana Statute of Limitations for medical malpractice, as outlined in the Medical Malpractice Act, stipulates a time frame within which a claim must be filed. This period is typically two years from the date the malpractice occurred. However, this timeline can vary based on specific circumstances, such as the discovery of the injury and the age of the patient. For instance, minors under the age of six have until their eighth birthday to file a claim.

At Christie Farrell Lee & Bell, we emphasize the importance of early consultation to ensure that your rights are preserved and that your case is initiated within the legal time frame. Failure to file within this period often results in the loss of the right to seek compensation, making it imperative for victims to act promptly.

How to File a Medical Malpractice Case in Indianapolis

Filing a medical malpractice case involves a series of structured steps, each critical to the success of your claim. Our approach is meticulous and client-focused, ensuring that every step is handled with the utmost care and professionalism.

• Consultation with an attorney: The first step is to consult with a medical malpractice attorney to discuss the specifics of your case.
• Medical record review: Your attorney will review your medical records to assess the merits of your claim.
• Filing a complaint: If your case is viable, a formal complaint will be filed against the healthcare provider or institution, and a copy must be submitted to the Commissioner of the Department of Insurance by registered or certified mail with the required fees.
• Medical review panel: In Indiana, your case will be reviewed by a medical review panel before it proceeds to court.
• Negotiations and litigation: Depending on the panel’s opinion, your case may go to negotiations or proceed to trial.

We will ensure that your case is presented with the strongest possible argument, backed by thorough preparation and legal expertise.

How Long Will It Take to Resolve a Medical Malpractice Case in Indianapolis?

The duration of a medical malpractice case can vary widely based on its complexity, the willingness of parties to negotiate, and the intricacies of legal procedures. It’s not easy to predict how long your case will last initially, but we’re available for a free initial consultation to inform you about your possibilities and the most advantageous approach.

Why Hire Us?

Choosing the right legal team to represent you in a medical malpractice case is a decision that can significantly impact the outcome of your claim. At Christie Farrell Lee & Bell, we offer more than just legal representation; we offer a partnership grounded in empathy, expertise, and a relentless pursuit of justice. Our track record of securing millions for medical malpractice clients, as evidenced in our case results, speaks to our commitment and success in these complex cases.

We dedicate ourselves to not only protecting your rights but also to ensuring that you receive the comprehensive compensation you deserve. Our team combines legal acumen with compassionate client care, making us not just your attorneys but your advocates and allies in this challenging journey. Our firm is committed to holding doctors, nurses, and medical staff accountable – a principle that defines us at our core.

Contact Our Indianapolis Medical Malpractice Lawyer

There are many areas in which medical malpractice can and does occur, disrupting and damaging lives every day. Whether it’s because of negligence during pregnancy, during a vital surgery, or a misdiagnosed disease, anyone can be a victim of medical malpractice. If you or a loved one has experienced medical malpractice in Indiana, contact our qualified Indianapolis medical malpractice litigation lawyer today.

You can count on our 120+ years of combined experience to get you the results you need. Call us today to schedule a free consultation at 317-488-5500.