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 cases we handle.

Prescription Drug Negligence: Pharmaceutical negligence is the result of a doctor improperly prescribing a patient wrong medication. These mistakes can occur at the pharmacy as well, or when a nurse or aide gives a dose in a hospital or nursing facility.

This type of medical malpractice 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: there are a few reasons why a pediatrician, nurse, or other medical professionals might have a medical malpractice lawsuit brought against them after helping with pregnancy or delivery gone wrong. 27 out of every 1,000 babies born every year in the United States suffer some type of birth injury during the delivery process. In fact, the most common medical specialty named in a medical malpractice lawsuit is obstetrics, with cases against obstetricians making up over 10% of medical malpractice claims.

These types of suits are brought for a few different reasons. The first and most common are injuries sustained by a mother or fetus while in the care of a physician. Injuries sustained to a baby during childbirth could result in nerve damage that comes in the form of Erb’s Palsy, nerve damage caused by the stretching or pulling of a baby’s neck during labor.

Other common injuries that occur to babies at birth are:

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

Failing to diagnose a problem or misdiagnose a medical condition like ectopic pregnancy, preeclampsia, gestational diabetes, or other issues is also a reason that medical malpractice suits occur.

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.

Nursing Home Neglect: If you or a loved one has suffered an injury in a nursing home, in most cases this will fall under the umbrella of medical malpractice. Malpractice at a nursing home can result in serious harm or even death for residents. Any nursing home or assisted living facility owes a duty of reasonable care to its residents. If they don’t abide by that duty or level of care and their negligence causes an injury to a nursing home resident in Indiana, they can be subject to a medical malpractice claim. In this case, the resident must be able to prove that the nursing home did not act in good faith or in a way that meets industry best practices.

Caregiver Negligence: There are many cases where doctors and nurses don’t hold up their duty of care and are responsible for the injury or even death of a patient. This could include misdiagnosis of a stroke or heart attack, not following standards of hygiene, or minimizing a patient’s symptoms when other doctors might have done differently. Negligence by the caregiver is only a legal factor when your condition is getting worse or not improving because of the medical care provided.

Nursing Negligence: Doctors aren’t the only ones who can be found guilty of medical malpractice. In many instances, it is the nurse who is negligent. Nurses are in charge of the day-to-day care of a patient, which means they have more contact and more opportunities to make an error than a doctor or specialist.

Surgical Injuries: Undergoing surgery is a scary prospect for anyone who has to have one. To make matters worse, it has been reported that every year over there are 4,000 preventable surgical mistakes made. These types of surgical mistakes that lead to medical malpractice lawsuits are called “never” mistakes, or mistakes that just shouldn’t happen. These types of surgical errors may include cases where a patient has the wrong procedure performed on a healthy body part. Medical errors like surgical tools or sponges being left inside a body, anesthesia errors, or a procedure performed that is meant for another person entirely, are more examples of “never” mistakes. This can occur in an emergency situation as well and is often called emergency room negligence.

Robotic DaVinci Surgery Injuries: A common type of surgery that often encounters problems is DaVinci Robotic surgery. A study of the FDA data from 2000-2013 showed over 1,745,000 robotic surgical procedures performed over those years, and 10,624 negative events occurred with the DaVinci System. Over 8,000 of those incidents were device failures, meaning the surgeon was mid-procedure and the equipment stopped working. Reports of burns from the device are relatively common among the 1,535 who had serious adverse impacts from the device after their surgery. 144 patients died during those 13 years as a result of complications from the device.

Cosmetic Surgery Malpractice: When most people think of surgery, they often only think of procedures that are performed in life-or-death situations. However, cosmetic surgery is more popular today than ever. If you have undergone cosmetic surgery and have had an infection, damage to your nerves, or need additional surgeries to adjust implants that were improperly placed, you may have a medical malpractice case. If this sounds familiar reach out to a qualified medical malpractice attorney today.

Foot Injury Negligence Cases: Many foot injuries are caused by orthopedic doctors who are negligent when diagnosing an injury to a patient’s foot. These types of injuries are some of the most misdiagnosed or undiagnosed types of injuries. If left untreated or mistreated, foot problems can get much worse. In many cases even when a foot injury is diagnosed, the treatment is not helpful and can exacerbate an injury to the part of the body responsible for everyday movement. When common foot ailments like plantar fasciitis, bunions, or flat foot are treated by a podiatrist and are either misidentified or when corrective procedures are negligently performed, this can have severe consequences that can affect the patient’s quality of life. If you have missed work or live in pain because of a foot injury that was not handled properly by a podiatrist or other medical professional, you should call our Indianapolis medical malpractice attorney today.

Back and Neck Injury Treatment Errors: Neck and back injuries are some of the most common types of injuries and it is only getting worse. In the first decade of the 21st century, there was a 64% increase in reports of chronic neck and back pain. However, many times neck and back procedures fail to relieve pain or only do so temporarily. If a medical procedure is done unnecessarily or causes a patient’s condition to worsen, they might be a victim of medical provider negligence. Oftentimes, back and neck injuries can be misdiagnosed which leads to unnecessary or even harmful surgeries being performed. Neck and back injuries can be some of the most debilitating afflictions a person can endure.

There are many ways one can injure their neck and back, but here is a list of the most commonly misdiagnosed neck and back injuries:

• Herniated discs
• Bulging discs
• Degenerative disc disease
• Muscle/soft tissue strains
• Pinched nerves
• Spinal stenosis
• Scoliosis
• Spinal Fracture
• Whiplash

Even if the correct operation is performed it can often lead to post-operative injuries that severely diminish a patient’s quality of life. All of these scenarios can lead to a medical malpractice case for a neck or back injury.

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.