What is Considered Medical Malpractice in South Bend?

In Indiana, medical malpractice is governed by the Indiana Medical Malpractice Act (Indiana Code 34-18-14), which sets forth the legal framework for medical negligence cases. According to the act, medical malpractice occurs when a healthcare professional, such as a physician, nurse, or other medical providers, fails to provide appropriate medical care to a patient, resulting in injury or harm.

This can include acts of omission, such as failing to diagnose a condition on time, prescribing the wrong medication, or not providing adequate post-operative care. It can also include acts of commission, such as performing a surgery or medical procedure negligently or without the patient’s informed consent.

Examples of Medical Malpractice

Medical malpractice can occur in various forms and may involve different healthcare providers, including doctors, nurses, surgeons, pharmacists, and other medical professionals. 

Some common examples of medical malpractice from our clients in Indiana include:

  • Misdiagnosis or failure to diagnose a medical condition
  • Surgical errors, such as wrong-site surgery or improper surgical technique
  • Medication errors, including prescribing the wrong medication or incorrect dosage
  • Birth injuries, such as those caused by negligence during labor and delivery
  • Anesthesia errors, such as administering the wrong type or amount of anesthesia
  • Failure to provide appropriate follow-up care or monitor a patient’s condition
  • Inadequate communication between healthcare providers

But it is important to mention that not all medical errors or unfavorable outcomes constitute medical malpractice. 

Medical malpractice cases require establishing that the healthcare provider breached the standard of care, resulting in injury or harm to the patient. This typically requires expert medical testimony and a thorough investigation of the facts and circumstances surrounding the medical care provided.

How a South Bend Medical Malpractice Lawyer Can Sue

If you believe you or a family member have been a victim of medical malpractice in South Bend, it is crucial to take prompt legal action to protect your rights. 

Here are the general steps to sue for medical negligence in South Bend, Indiana:

1. Consult with a qualified medical malpractice attorney

Medical malpractice cases are complex and require specialized legal expertise. You’ll need professional help to understand your options and know your rights. At Christie Farrell Lee & Bell, we can help you with a free consultation to hear your case and analyze your options together.

2. Collect and preserve evidence

Gathering evidence to support your claim is crucial in a medical malpractice case. This may include medical records, test results, witness statements, and other relevant documentation. It is important to act quickly to preserve this evidence, as it may be crucial in proving your case.

3. Obtain an expert medical opinion

Indiana law requires a medical review panel evaluation before filing a medical malpractice lawsuit, which can be done with the help of your lawyer. 

This involves obtaining an expert medical opinion from a qualified healthcare professional who can attest to the standard of care that should have been provided and whether the defendant’s healthcare provider breached that standard of care.

4. File a notice of claim

Before filing a medical malpractice lawsuit in Indiana, you must file a notice of claim with the Indiana Department of Insurance and provide notice to the healthcare providers you intend to sue. This notice must contain specific information, including a detailed description of the claim, the alleged breach of the standard of care, and the damages suffered.

5. Negotiations or mediation

After filing a notice of claim, there may be opportunities for settlement negotiations or mediation to resolve the dispute without going to court. This can save time and costs and may result in a mutually agreeable resolution.

6. File a lawsuit

If a settlement cannot be reached, you may need to file a medical malpractice lawsuit in court. Indiana has specific procedural requirements for medical malpractice cases, and it is crucial to comply with these requirements to protect your claim.

Common Injuries in South Bend Medical Malpractice Lawsuits

Over our experience, we have seen how medical malpractice can lead to a variety of serious injuries, many of which have long-lasting effects on the victims. Every year, the National Practitioner Data Bank records thousands of medical malpractice claims in Indiana, and many of these victims have come knocking on our door for legal advice. Some common types of injuries we see in medical malpractice lawsuits include:

  • Birth injuries: Injuries to newborns during labor and delivery, such as cerebral palsy, Erb’s palsy, and fractures.
  • Brain injuries: Resulting from oxygen deprivation or anesthesia errors, leading to permanent cognitive impairment or disability.
  • Spinal cord injuries: Causing partial or complete paralysis due to surgical errors or misdiagnosis.
  • Infections: Acquired in hospitals due to improper sterilization or post-operative care, leading to severe complications or sepsis.

We consider each of these cases with the seriousness they deserve, demonstrating our commitment to our thorough method of calculating fair compensation for our clients.

Filing a Medical Malpractice Lawsuit in South Bend

Filing a lawsuit requires not only an understanding of the law but also a deep comprehension of medical procedures and standards of care. This is why it is crucial to hire a dedicated medical malpractice lawyer to file your medical malpractice lawsuit. We have the expertise to guide you through the needed procedures, and the knowledge to effectively represent your interests.

Steps to File a Medical Malpractice Lawsuit

1. Collect and Preserve Evidence:

This includes medical records, test results, witness statements, and other relevant documentation. Acting quickly to preserve this evidence is essential, as it can be crucial in proving your case.

2. Obtain an Expert Medical Opinion:

Indiana law requires a medical review panel evaluation before filing a medical malpractice lawsuit. This involves obtaining an expert medical opinion from a qualified healthcare professional who can attest to the standard of care that should have been provided and whether the defendant’s healthcare provider breached that standard.

3. File a Notice of Claim:

Before filing a medical malpractice lawsuit, you must file a notice of claim with the Indiana Department of Insurance and provide notice to the healthcare providers you intend to sue. The notice must include a detailed description of the claim, the alleged breach of the standard of care, and the damages suffered. As your medical malpractice attorneys, we will refer to the Medical Malpractice Act to make sure your notice is valid.

4. Negotiations or Mediation:
 After filing a notice of claim, there may be opportunities for settlement negotiations or mediation to resolve the dispute without going to court. This process can save time and costs and may result in a mutually agreeable resolution.

5. File a Lawsuit:

If a settlement cannot be reached, you may need to file a medical malpractice lawsuit in court. Indiana has specific procedural requirements for medical malpractice cases, and it is crucial to comply with these requirements to protect your claim.

What Are the Recovery Cap Limits?

In Indiana, specific limits are set on the amount of compensation that can be recovered in a medical malpractice lawsuit, according to the Indiana Medical Malpractice Act:

  • Total damages cap: As of 2019, the total amount recoverable in a medical malpractice case is capped at $1.8 million. This includes all economic and non-economic damages combined.
  • Healthcare provider liability: Individual healthcare providers are liable for up to $500,000 in damages. Any amount above this limit is covered by the Patient’s Compensation Fund.
  • Patient’s compensation fund: Managed by the Indiana Department of Insurance, this fund covers the excess amount over the healthcare provider’s liability, ensuring that patients receive full compensation up to the statutory cap.

These recovery caps are crucial for us to evaluate the potential compensation in your case. Our case results speak for themselves – we’ve secured multimillion-dollar settlements for victims of medical negligence, and we’re ready to champion your case too.

Understanding the Statute of Limitations in Medical Malpractice Cases

In Indiana, the statute of limitations for filing a medical malpractice lawsuit is two years from the date of the alleged malpractice or the date the malpractice should have been discovered, but no more than three years from the date of the malpractice occurrence. However, there are exceptions and limitations to this general rule, and it is important to consult with a local lawyer to determine the specific deadlines that may apply to your case.

It is crucial to understand that if you fail to file a medical malpractice lawsuit within the statute of limitations, you may lose your right to pursue a claim altogether. Therefore, it is important to act promptly and seek legal assistance as soon as possible to have more chances to fully recover from the economic and non-economic damages claimed.

Contact Us and Request a Free Consultation – We Can Help You Claim Justice

If you or a family member have suffered harm due to medical negligence in South Bend or the surrounding areas of Indiana, the legal team at Christie Farrell Lee & Bell law firm is here to help. We understand the complexities of medical malpractice cases in Indiana and are dedicated to fighting for the rights of our clients.

When you choose us, you can expect personalized attention, a thorough investigation of your case, expert legal representation, and aggressive advocacy to seek the justice and compensation you deserve. 

Don’t let the complexities of medical malpractice cases overwhelm you. Contact us today to schedule a free consultation and discuss your legal options.