What Constitutes Medical Malpractice in Kokomo?

In the legal scope, medical malpractice occurs when a healthcare professional, by an act of negligence or omission, inflicts injury on a patient. This negligence could stem from errors in diagnosis, treatment, aftercare, or even overall health management. 

As per Indiana law, to be classified as medical malpractice, a claim must satisfy the following criteria:

  • A breach of the standard of care by the healthcare professional.
  • An injury resulted directly from this violation of the standard of care.
  • The injury subsequently led to significant damages.

Understanding these criteria can be challenging, especially when you’re already dealing with the aftermath of medical malpractice and healing from severe and catastrophic injuries. 

That’s why seeking legal counsel from professionals that knows Indiana law and the healthcare system, like our own Tina Bell, is crucial to hold responsible parties accountable.

Types of Injuries Related to Medical Malpractice

The spectrum of injuries that can arise from medical malpractice is broad, underscoring the devastating impact it can have on patients’ lives. Injuries may include, but aren’t limited to:

These injuries can not only cause immediate physical harm but may also lead to long-term health complications, emotional distress, and financial instability. 

Being aware of the different types of injuries can help you identify potential cases of medical malpractice, but the ultimate determination of malpractice should be left to personal injury experts.

What to Do After Suffering From Injuries Due to Medical Negligence?

If you’re unfortunate enough to suffer injuries from suspected medical negligence, the steps you take immediately afterward can significantly influence your potential lawsuit. 

Here’s what you should do:

  1. Seek Immediate Medical Attention: Prioritize your health above all. Get immediate medical attention, even if the injuries were caused by a healthcare professional.
  2. Document Everything: Maintain a comprehensive record of your interactions with all healthcare providers. Secure copies of all relevant medical records and bills.
  3. Consult a Medical Malpractice Lawyer: A lawyer experienced in medical malpractice cases can help you navigate the complexities of your claim, advising you on the best course of action.

Following these steps ensures you are not only taking care of your health but also building a robust case for any potential legal action.

Understanding the Statute of Limitations for Medical Malpractice in Indiana

Under Indiana law, a medical malpractice claim must be filed within two years of the date the malpractice occurred, as stated in Indiana Code 34-18-7-1. However, exceptions exist, particularly for cases involving minors and instances where the malpractice was discovered later.

Knowing the timeframe within which you need to act is crucial. Delaying action may result in losing your right to seek compensation, so it’s highly important to consult with a lawyer as soon as possible after the incident.

Recoverable Damages You Can Claim in Kokomo

Victims of medical malpractice in Indiana are entitled to recover various types of damages. These include:

  • Medical expenses: Reimbursement for the costs of treatment, medication, hospitalization, and any future medical expenses related to the injury.
  • Lost wages: Compensation for lost earnings due to time away from work during recovery.
  • Pain and suffering: Damages for the physical pain and emotional distress endured as a result of the injury.
  • Loss of companionship: If the malpractice results in wrongful death or serious impairment, the victim’s family may be compensated for the loss of companionship and support.
  • Funeral costs: In the tragic event of a death, the victim’s family can claim compensation for funeral and burial costs.

While no amount of money can completely undo the harm caused by medical malpractice, receiving just compensation can help ease the financial burden and facilitate recovery. 

However, it’s essential to remember that proving medical malpractice and obtaining compensation can be a complex and arduous process, and having a personal injury on your side is key to maximizing your chances of receiving fair compensation.

FAQs Related to Medical Malpractice Cases in Kokomo

As part of our commitment to providing legal support, we’ve compiled answers to some common questions we hear in medical malpractice cases in Kokomo to offer an overview of what to expect as you pursue your claim.

What Is Contributory Negligence in Indiana Medical Malpractice?

Contributory negligence is a legal concept that can influence a plaintiff’s ability to recover damages. In essence, it refers to the notion that the plaintiff may have contributed to their own injury through their own negligence.

According to Indiana’s modified comparative fault system, a plaintiff can recover damages as long as they are less than 51% at fault for their injuries. However, any damages awarded will be reduced in proportion to their degree of fault.

What Is the Settlement for Medical Malpractice in Kokomo?

The settlement for medical malpractice cases varies widely, depending on the severity of the injury, the degree of negligence involved, and the specific circumstances of each case. 

For an accurate assessment of potential settlement amounts, it’s best to consult with an experienced medical malpractice lawyer.

How Do I Sue for Medical Malpractice in Indiana?

To sue for medical malpractice in Indiana, you’ll need to follow a specific process, which includes obtaining a medical review opinion from a panel of healthcare providers before you can file a lawsuit. 

Can You Sue a Doctor for Malpractice in Indiana?

Yes, you can sue a doctor for malpractice in Indiana if you believe their negligence led to your injury. However, the process requires an understanding of both medical and legal matters, making the assistance of a medical malpractice lawyer invaluable.

Remember, if you believe you’ve been a victim of medical malpractice, you’re not alone. At Christie Farrell Lee & Bell, our medical malpractice lawyers in Kokomo are ready to help you navigate the legal process and fight for the compensation you deserve. Contact us today to claim the compensation you deserve.