Understanding Medical Malpractice in Indiana

Medical malpractice occurs when a healthcare provider’s negligence or failure to meet the standard of care results in harm to a patient. This can involve various types of medical professionals, including doctors, nurses, surgeons, dentists, and pharmacists, but many factors can lead to negligence, and involve a wide range of healthcare professionals.

What Triggers Medical Malpractice?

The trust placed in medical professionals is fundamental, as their decisions directly affect our health and well-being. However, unfortunately, there are instances where this trust is breached due to negligence, resulting in medical malpractice. This can occur in various forms, leading to unnecessary harm or worsening of the patient’s condition.

Outlining some of the most common triggers of medical malpractice can provide a better understanding of what actions or inactions could be classified as negligence:

  1. Misdiagnosis or Delayed Diagnosis: When a healthcare professional fails to accurately diagnose a patient’s condition or takes too long to provide a diagnosis, the patient may suffer harm due to delayed or inappropriate treatment.
  2. Surgical Errors: This type of negligence can encompass a wide range of issues, such as performing the wrong procedure, operating on the wrong body part, leaving surgical instruments inside the patient, or causing unnecessary damage to surrounding tissues.
  3. Medication Errors: Medication errors may involve prescribing the wrong medication, incorrect dosage, or failing to identify potentially harmful drug interactions.
  4. Birth Injuries: Such injuries can result from negligence during prenatal care, labor, or delivery, leading to potentially life-altering consequences for the newborn and the family.
  5. Emergency Room Negligence: Emergency room errors can arise from misdiagnosis, delayed treatment, inadequate patient monitoring, or failure to order necessary tests and treatments.

However, it’s critical to remember that not all adverse medical outcomes are a result of medical malpractice. Sometimes, complications or unforeseen events can occur even with the best of care. 

Therefore, establishing medical malpractice involves proving that the healthcare provider deviated from the standard of care, and this deviation directly resulted in harm to the patient. If you or a loved one have suffered due to what you believe to be medical negligence, it’s advisable to consult with a seasoned medical malpractice attorney who can guide you through the complexities of your potential case.

Tina Bell

Attorney Tina Bell has won several million-dollar medical malpractice cases for her clients.

 

Filing a Medical Malpractice Claim in Indiana

In Indiana, there are specific steps and deadlines you and the healthcare providers must follow when filing a medical malpractice claim:

Medical Review Panel

Before filing a lawsuit, you are generally required to submit your claim to a medical review panel. This panel, consisting of healthcare professionals and an attorney, will review the case and provide an opinion on whether the healthcare provider was negligent. 

The panel’s decision is not binding, but it can be used as evidence in a subsequent lawsuit.

At our law firm, we are committed to advocating for patients who have suffered harm due to medical negligence. With years of experience handling medical malpractice cases across Indiana, our legal team understands the complexities involved and will provide the guidance and support you need to navigate the legal process. 

Contact us today to request a free consultation and claim the compensation you’re entitled to.

Frequently Asked Questions About Medical Malpractice in Indiana

With decades of experience serving medical malpractice victims in Indiana, we hear common questions that arise after suffering from the negligence of a healthcare provider, including:

How Do I Sue for Medical Malpractice in Indiana?

To sue for medical malpractice in Indiana, you will generally need to follow these steps:

  1. Consult with an experienced medical malpractice attorney.
  2. Gather evidence, including medical records, expert opinions, and witness statements, to support your claim.
  3. Submit your claim to a medical review panel before filing a lawsuit, as required by Indiana Code § 34-18-8-4.
  4. File a complaint in court within the statute of limitations (usually two years from the date of the alleged malpractice).
  5. Prove that the healthcare provider was negligent and that their negligence caused your injuries.
  6. Establish the extent of your damages and seek compensation accordingly.

What Constitutes Medical Malpractice?

Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide a patient with the standard of care expected from a reasonably competent healthcare professional in a similar situation resulting in harm to the patient. 

Examples of medical malpractice include misdiagnosis, surgical errors, medication errors, and birth injuries.

How Long Do You Have to File a Medical Malpractice Lawsuit in Indiana?

In Indiana, the statute of limitations for medical malpractice claims is generally two years from the date of the alleged malpractice, as stated in Indiana Code.

However, there are exceptions to this rule, such as when the victim is a minor or when the malpractice was not immediately discovered. In such cases, the statute of limitations may be extended. It’s important to consult with an attorney to determine the specific deadlines for your case.

What Is the Settlement for Medical Malpractice in Indiana?

The settlement for medical malpractice in Indiana depends on the specific details of the case, including the severity of the injuries, the extent of the negligence, and the economic and non-economic damages incurred. Indiana has a cap on medical malpractice damages, limiting the total amount recoverable to $1.8 million.

However, each case is unique, and the settlement amount will vary depending on the individual circumstances. A medical malpractice attorney can help you determine the potential value of your case.