What is Considered Medical Malpractice in Indiana?

In Indiana, medical malpractice is more than just a simple mistake or unfortunate outcome. It involves a breach of the professional duty of care, a deviation from the accepted standards that leads to harm. 

The Indiana legislature defines this duty of care in the context of healthcare as the care that a reasonably competent healthcare professional with similar training would have provided under the same circumstances (Indiana Code § 34-18-2-22).

But when negligence affects your life, navigating the intricacies of what constitutes medical malpractice can be challenging. It requires an understanding of both legal and medical complexities, as well as the ability to prove that the medical professional’s negligence directly resulted in harm. 

It is in these intricacies where the legal expertise of our medical malpractice lawyers shines, helping victims understand their rights and legal options.

Examples of Medical Malpractice in Lawrenceburg

Medical malpractice in Lawrenceburg takes many forms, and our team at Christie Farrell Lee & Bell has extensive experience handling a variety of such cases. Here are some examples that we often encounter:

  • Misdiagnosis or delayed diagnosis: The implications of a misdiagnosis or a delay in diagnosis can be severe, potentially leading to preventable disease progression or unnecessary treatments.
  • Surgical errors: These errors can include surgery on the wrong site, leaving surgical instruments inside a patient, or causing unnecessary harm during the procedure.
  • Medication errors: These can involve the prescription or administration of incorrect medication or dosage, leading to adverse reactions or ineffective treatment.
  • Anesthesia errors: Inaccuracies with anesthesia can lead to catastrophic outcomes, such as brain damage, paralysis, or even death.
  • Birth injuries: These involve injuries to the mother or child during childbirth due to negligence, potentially leading to lifelong complications.

Recoverable Losses in Medical Malpractice Cases

The Indiana Code § 34-18-14-3 allows victims to seek compensation for various types of damages, including:

  • Medical expenses: These encompass costs associated with hospitalization, surgeries, medications, rehabilitation, and any future medical expenses resulting from the malpractice.
  • Lost wages: If your injury has rendered you unable to work, you can seek compensation for lost income and any potential future earnings.
  • Pain and suffering: These damages seek to compensate for the physical discomfort and emotional distress you’ve experienced due to the malpractice.
  • Loss of enjoyment of life: If your injuries have hindered your ability to partake in activities that you previously enjoyed, you may be eligible for these damages.

Still, recoverable losses will depend on the impact of your injuries and non-economic damages, which must be calculated properly to present a fair personal injury claim. 

Why Should You Hire a Personal Injury Lawyer to Claim Compensation?

Medical malpractice cases involve complex legal and medical issues that often affect victims recovery. In such cases, a personal injury lawyer can help navigate these complexities, providing invaluable guidance throughout the legal process.

An attorney can meticulously investigate your claim, compile necessary evidence, consult with medical experts, and build a robust case to demonstrate medical negligence. They can also accurately estimate the total costs of your injuries, negotiate with insurance companies, and advocate for your rightful compensation.

Importantly, Indiana’s medical malpractice laws are intricate and necessitate specific procedural steps. Not adhering to these steps could result in the dismissal of your claim. 

For instance, before initiating a lawsuit, your claim must be presented to a medical review panel as per Indiana Code § 34-18-8-4 to evaluate your claim. Throughout this process, a local attorney ensures all legal requirements and deadlines are met, protecting your rights to recovery.

FAQs Related to Medical Malpractice Cases in Lawrenceburg

In our years of experience handling medical malpractice cases in Lawrenceburg and all across Indiana, we’ve come across a multitude of questions from our clients, including:

What is the Basis for Most Medical Malpractice Claims in Indiana?

The foundation for most medical malpractice claims in Indiana lies in the legal concept of negligence. In the context of healthcare, negligence occurs when a healthcare professional fails to uphold the accepted standard of care prevalent within their specialty, subsequently leading to patient harm. This standard of care refers to what a competent and prudent medical professional in the same situation would do. 

When a doctor, nurse, or other healthcare provider’s actions or lack thereof deviate from this standard, and a patient suffers harm as a result, it may give rise to a valid medical malpractice claim. 

But it’s critical to note that not all medical errors constitute malpractice; there must be a clear demonstration of the healthcare professional’s breach of the standard of care, directly leading to the patient’s injury or worsening condition.

How Long Do You Have to Sue for Medical Malpractice in Indiana?

In general, under Indiana law, you have two years from the date of the malpractice to file a lawsuit, as stated in Indiana Code § 34-18-7-1. However, exceptions to this rule exist, such as in cases involving minors or when the malpractice was not immediately discovered.

If you or a loved one has suffered due to medical malpractice, don’t hesitate to reach out to our dedicated team at Christie Farrell Lee & Bell. Our team of medical malpractice attorneys in Lawrenceburg is committed to helping victims of medical negligence get the compensation they deserve. Contact us today for a free consultation.