Medical Malpractice Attorney in Indianapolis

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How Much is Your Medical Malpractice Case Worth?

Every medical malpractice case is different which is 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.

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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 (MDs) 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.

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How Medical Malpractice Differs from Medical Battery in Indiana Law

Understanding the distinction between medical malpractice and medical battery is crucial when pursuing a legal claim. While medical malpractice involves negligence—such as a failure to follow standard care practices—medical battery refers to intentional actions, like performing a procedure without a patient’s consent. These are legally distinct claims, and knowing which applies to your case can impact the outcome significantly. Learn more about the differences between medical malpractice and medical battery.

Compensation You May Recover in an Indianapolis Medical Malpractice Case

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

Compensation is provided for victims requiring ongoing care or rehabilitation 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.

Our Attorneys

Tina M. Bell, Esq.

Partner

Meet Lee C. Christie, Esq.

Partner

Laura J. Conyers

Of Counsel

Meet Kevin P. Farrell, Esq.

Partner

Meet Kathy A. Lee, Esq.

Retired

Meet Kyle L. Christie, Esq.

Partner

Katherine M. Marshall

Partner

Christopher D. Simpkins

Associate

Medical Malpractice Cases We Handle in Indianapolis

Negligent medical diagnosis, treatment, or surgery can cause injuries or complications that have devastating effects, including the loss of a loved one. Many types of injuries can occur; here are a few 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 who 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.

Factors Affecting Medical Malpractice Claims in Indianapolis

When pursuing a medical malpractice claim in Indianapolis, several local factors can significantly influence the outcome of your case. Understanding these variables is crucial for navigating the legal process effectively. Here are some of the key elements that can impact your claim:

• Local Healthcare Standards and Practices: In Indianapolis, healthcare providers, such as those in IU Health, Ascension St. Vincent, and Community Health Network, adhere to specific medical practices and protocols. If a provider deviates from the generally accepted standards of care within the local healthcare system, it can serve as the foundation for a malpractice claim. It’s essential to understand how hospitals in the Indianapolis area operate, as each may have different policies or levels of oversight that could impact your case.

• Legal Landscape in Indiana: Indiana’s medical malpractice laws, governed by the Indiana Medical Malpractice Act, impose strict rules regarding the filing process. For example, claims must undergo review by a medical review panel before progressing to court, which adds an extra layer of scrutiny. These specific legal requirements can affect the timeline and success of your claim, and working with a local attorney familiar with the nuances of these rules is vital.

• Hospital Reputation: Hospitals in Indianapolis have varying reputations, and this can play a role in malpractice claims. Larger hospitals like Riley Hospital for Children may have the resources to fight claims aggressively, while smaller hospitals may opt for quicker settlements to avoid lengthy litigation. The reputation of the healthcare provider involved in your case can shape both the settlement negotiations and potential trial strategies.

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.

What to Do If You Suspect Medical Malpractice in Indianapolis

If you suspect that you or a loved one has been a victim of medical malpractice in Indianapolis, it’s essential to act swiftly. Here are the critical steps to take to protect your rights:

• Seek Immediate Medical Attention: If you’re experiencing new or worsening health issues after receiving medical care, seek a second opinion from a trusted healthcare provider in Indianapolis. This can help ensure you receive appropriate treatment and document your ongoing medical needs.

• Document All Medical Interactions: Keep meticulous records of all communications with healthcare providers, including appointments, prescriptions, test results, and hospital stays. Having a thorough documentation trail can strengthen your malpractice claim later.

• Consult an Experienced Indianapolis Medical Malpractice Attorney: Reach out to a lawyer specializing in medical malpractice in Indianapolis. An attorney with local expertise can help you navigate the intricacies of Indiana’s medical malpractice laws and provide valuable insight into your specific case.

• File a Complaint with the Indiana Department of Insurance: Before filing a lawsuit, your claim must be reviewed by a medical review panel, a requirement under Indiana law. Your attorney will guide you through this process, which includes submitting a formal complaint to the Department of Insurance.

• Understand the Importance of Timely Action: In Indianapolis, you generally have two years from the date of the injury to file a medical malpractice lawsuit. It’s crucial to act promptly to avoid losing the opportunity to seek compensation due to the statute of limitations.

Impact of Indianapolis Hospitals’ Reputation on Your Malpractice Case

The reputation of Indianapolis hospitals can significantly impact the outcome of a medical malpractice case. The size, history, and standing of a healthcare institution in the community may influence various aspects of your case:

• Hospital Reputation and Legal Defense: Major hospitals in Indianapolis, such as Indiana University Health Methodist or St. Vincent Indianapolis Hospital, may have large legal teams dedicated to defending against malpractice claims. These institutions may fight harder to protect their reputation, leading to a more drawn-out legal process. However, their well-established legal resources might also provide opportunities for negotiating settlements, especially if they wish to avoid public exposure in court.

• Settlement vs. Trial: Hospitals with a strong reputation in Indianapolis may opt for a settlement to avoid the publicity and resources required for a lengthy trial. However, this doesn’t always mean a favorable outcome for plaintiffs. Smaller hospitals with less public scrutiny may be more inclined to settle early, potentially offering quicker compensation but at a lower amount.

• Juror Perception and Bias: Local jurors in Indianapolis may have specific perceptions of healthcare providers, influenced by their familiarity with local hospitals. Hospitals with a longstanding positive reputation in the community may lead jurors to be more sympathetic to the institution, whereas a hospital with a history of malpractice issues might face a less favorable public perception.

• Impact on Compensation: The reputation of a hospital may also influence the amount of compensation you can receive. While larger, well-known hospitals may offer a larger settlement to avoid a public trial, smaller hospitals with less prestige may not have the financial resources to make similar offers, or they may push back harder in defense of their actions.

How Long Does a Medical Malpractice Case Take 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 Choose Christie Farrell Lee & Bell for Your Medical Malpractice Case?

Selecting the right legal team for your medical malpractice case is a crucial decision that can shape the outcome of your claim. At Christie Farrell Lee & Bell, we provide more than just legal representation – we deliver a partnership built on empathy, expertise, and an unwavering commitment to justice. Our proven track record, highlighted by securing millions of dollars for our clients, reflects our ability to navigate the complexities of medical malpractice cases with success and precision.

We are dedicated to protecting your rights and pursuing the full compensation you deserve. With a blend of legal skill and compassionate client care, we strive to be more than just your attorneys – we are your advocates and trusted allies throughout this challenging process. Holding healthcare providers accountable for negligence is not just our mission – it’s our promise to every client who entrusts us with their case.

Contact Our Experienced Indianapolis Medical Malpractice Lawyer Today

Medical malpractice can occur in countless ways, leaving a profound impact on victims and their families. Whether it involves negligence during pregnancy, errors in critical surgery, or a misdiagnosed illness, the consequences can be life-altering. If you or a loved one has suffered due to medical malpractice in Indianapolis, don’t wait.
Contact Christie Farrell Lee & Bell today to discuss your case and take the first step toward justice and the compensation you deserve.