Common Types of Injuries Related to Medical Malpractice

When healthcare professionals fail to provide the standard of care required, patients can suffer severe and life-altering injuries. Some of the most common injuries linked to medical malpractice include:

  • Catastrophic injuries: These injuries have a long-term impact on the victim’s life, often leading to permanent disability.
  • Birth injuries: Medical negligence during childbirth can result in severe injuries to the mother and child.
  • Surgical errors: Mistakes made during surgery can lead to complications, additional surgeries, and sometimes, life-threatening conditions.
  • Emergency room negligence: Delays in diagnosis, misdiagnosis, or improper treatment in the emergency room can have severe consequences, and if that’s your case, then you can claim compensation.

Whether you suffered from negligence from a doctor, surgeon, or any other healthcare provider, it’s important to know you might have a medical malpractice case. Under Indiana’s law, patients who suffered from medical malpractice have the right to claim compensation to recover from economic and non-economic losses. 

Still, the amount of compensation will vary according to the evidence you can present to prove the damages were caused entirely by medical negligence. 

What Are the Damages You Can Claim in a Medical Malpractice Lawsuit?

If you suffered from medical negligence in any form, you may be entitled to claim compensation for various damages, including:

  • Medical expenses: This includes the cost of treatment, medication, surgeries, and any future medical expenses related to the injury.
  • Lost wages: If your injury caused you to miss work or reduced your earning capacity, you could recover these losses.
  • Pain and suffering: These are non-economic damages that compensate you for the physical pain and emotional distress you’ve suffered as a result of medical malpractice.

According to Indiana Code § 34-18-14-3, the damages awarded in a medical malpractice lawsuit are capped at $1.25 million, and a strong case can help you demand as much as possible to cover all your damages and get your life back.

Proving Negligence in the Healthcare System

To succeed in a medical malpractice lawsuit, you must prove that the healthcare professional owed you a duty of care breached that duty and that breach directly caused your injuries. Proving negligence involves:

  • Establishing a doctor-patient relationship: You must show that there was a professional relationship between you and the healthcare provider.
  • Proving the standard of care was breached: You must demonstrate that the healthcare provider’s actions did not meet the standard of care expected in their profession.
  • Showing causation: You need to prove that the healthcare provider’s breach of duty directly resulted in your injuries.
  • Proving damages: You must show that you suffered damages (e.g., physical injury, financial loss) due to the provider’s negligence.

Not All Injuries Are Considered Medical Malpractice

It’s important to note that not all injuries or unfavorable outcomes from medical treatments or surgeries constitute medical malpractice. An injury or illness that worsens after treatment doesn’t automatically mean that medical malpractice has occurred.

In some cases, the condition itself may have been untreatable, or unforeseen complications may have arisen independently of the doctor’s actions. To establish a valid medical malpractice claim, it’s not enough to show that your health did not improve following treatment. You must prove that the provider caused harm in a way that a competent provider would not have if they had acted reasonably under the same circumstances.

What a Personal Injury Lawyer Can Do for You

At Christie Farrell Lee & Bell, our experienced medical malpractice lawyers can help you by:

  1. Evaluating your case – assess the facts of your case and provide you with an understanding of its merits.
  2. Gathering evidence – we will gather all necessary evidence, including medical records, expert testimonies, and more.
  3. Negotiating a settlement – let our expert attorneys negotiate with the insurance companies on your behalf to secure a fair settlement.
  4. Representing you in court – f a fair settlement is not achieved, we will be prepared to take your case to court.

 

Kathy Lee

Attorney Kathy Lee has won millions of dollars for her clients for medical malpractice and medical negligence. 

FAQs about Medical Malpractice Cases in Muncie

There are a lot of questions that may arise after suffering from the negligence of a healthcare provider. Here are the ones we heard frequently at our law firm:

Can You Sue for Medical Negligence in Indiana? 

Yes, you can sue for medical negligence in Indiana. The state laws allow you to file a lawsuit if you’ve been injured as a result of a healthcare provider’s negligence.

What is the Settlement for Medical Malpractice in Indiana? 

The settlement for medical malpractice varies depending on the specifics of each case. Factors such as the severity of the injury, the impact on the victim’s life, and the degree of negligence involved can all affect the settlement amount. 

A personal injury lawyer can help you determine the impact of your injuries, and properly calculate the damages to claim a fair amount of economic compensation.

What is the Statute of Limitations for Medical Malpractice in Indiana? 

The statute of limitations for medical malpractice in Indiana is two years from the date of the alleged negligent act (Indiana Code § 34-18-7-1). However, there are certain exceptions to this rule, so it’s crucial to consult with a knowledgeable attorney as soon as possible to protect your rights.

At Christie Farrell Lee & Bell we are dedicated to providing comprehensive legal support to medical malpractice victims in Muncie and all across Indiana. Our personal injury lawyers leverage their knowledge, expertise, and resources to fight for your rights and secure the maximum compensation you deserve.

Don’t let the stress of dealing with insurance companies and legal processes hinder your recovery. Let our experienced team handle your case while you focus on healing. Reach out to us today for a free consultation and let us help you navigate the path to justice and recovery.