What Constitutes Medical Malpractice in Indiana?

At the intersection of healthcare and law, medical malpractice arises when a healthcare provider fails to provide the standard of care expected in the medical community, resulting in patient harm. 

In Indiana, and indeed throughout the United States, medical professionals are expected to uphold a certain standard of care. When this doesn’t happen, the consequences can be devastating and cause several consequences to victims -both economic and non-economic-.

Under Indiana law, as per the Indiana Medical Malpractice Act, medical malpractice can take several forms, such as:

  • Misdiagnosis or delayed diagnosis: Failing to promptly and accurately diagnose a patient can lead to improper treatment and deteriorating health. A misdiagnosis could constitute malpractice if it results in harm or injury, and you can claim compensation if that’s your case.
  • Surgical errors: These can occur during the surgery (like operating on the wrong body part) or post-surgery (such as inadequate follow-up care).
  • Birth injuries: Any harm to a mother or baby during pregnancy, labor, or delivery due to negligence might constitute medical malpractice.
  • Medication errors: This could involve prescribing the wrong medication, the wrong dosage, or failing to consider harmful drug interactions.
  • Anesthesia errors: These can be particularly dangerous, as they can lead to severe injury or even death.
  • Emergency room errors: These could include misdiagnosis, delayed treatment, or discharge despite the patient’s unstable condition.

However, it’s important to understand that not all unfavorable outcomes are due to malpractice. Despite their best efforts, healthcare providers can’t guarantee good outcomes in some situations, but it’s also true that there are standards of care they must follow to protect patients. 

Therefore, to constitute malpractice, the provider’s actions must deviate from the accepted standard of care, and this deviation must result in patient harm.

Damages You Can Claim in a Medical Malpractice Case

If you’ve been a victim of medical malpractice, you may be entitled to compensation for the damages you’ve suffered. These damages can be broadly categorized into two types: economic and non-economic, and your lawyer can help you calculate them properly to claim the compensation you’re entitled under Indiana’s and federal laws.

Economic damages

These are the direct financial losses resulting from the malpractice and could include medical bills, lost wages, and any other out-of-pocket expenses related to the malpractice.

Non-economic damages

On the other hand, non-economic damages are more subjective and represent the physical and emotional pain and suffering experienced due to the malpractice. They could include compensation for physical pain, mental anguish, loss of enjoyment of life, and similar non-financial losses.

According to the reach of the damages and injuries you suffered, you’ll be able to claim compensation to cover up to 100% of your damages and recover from this challenging situation as soon as possible.

But remember, not all bad outcomes constitute medical malpractice per se, and you’ll need to prove the negligence of a healthcare provider to successfully receive the compensation you deserve.

recovering at a hospital after an injury

Proving Negligence in Terre Haute

In medical malpractice cases, the onus is on the plaintiff to prove that the healthcare provider was negligent. This involves establishing four key elements:

  1. Duty of Care: The healthcare provider had a professional obligation to provide you with care that meets the standards of the healthcare industry. 
  2. Breach of Duty: The healthcare provider failed to meet this standard of care. In other words, they acted in a way that a competent and reasonable professional in the same situation would not.
  1. Causation: There’s a direct link between the provider’s breach of duty and your injury. This means you must prove that your injuries wouldn’t have occurred if not for the provider’s negligence.
  2. Damages: As a result of the provider’s negligence, you suffered harm or loss that can be compensated through financial means.

Proving these elements typically requires a comprehensive understanding of both legal and medical issues, thorough investigation, and expert testimony. In such a situation, a local medical malpractice attorney can guide you through this complex process, helping you gather the necessary evidence and build a strong case.

Contact our Terre Haute medical malpractice attorney today. Call 317-488-5500 or fill out our online contact form today to schedule a free consultation.

Claim the Compensation You Need to Recover From Your Losses – Get a Free Consultation

If you believe you or a loved one is a victim of medical malpractice in Terre Haute, it’s crucial to act quickly. Medical malpractice cases are complex and require a thorough understanding of medical procedures, treatments, and legal principles that apply to your case. 

At Christie Farrell Lee & Bell, we have a team of experienced medical malpractice lawyers who can guide you through the legal maze. We’re committed to helping you secure the maximum compensation possible to facilitate your recovery.

Reach out to us today to schedule your free consultation. We’ll review your case, answer your questions, and discuss your legal options. Don’t let a medical error cost you more than it already has – contact us today to get started on your path to recovery.

FAQs Related to Medical Malpractice Cases in Terre Haute

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

In Indiana, as per Indiana Code § 34-18-7-1, you have two years from the date of the malpractice to file a lawsuit. However, there are exceptions to this rule, so it’s crucial to consult with an attorney as soon as possible to ensure you don’t miss the deadline.

What Four Things Must Be Proven in a Medical Malpractice Case?

To succeed in a medical malpractice case, you must prove duty of care, breach of duty, causation, and damages.

What Is the Average Settlement for Medical Malpractice in Indiana?

Settlement amounts vary widely based on the specifics of each case, including the severity of the injuries and the impact on the victim’s life. Remember, Indiana law caps the total damages recoverable in medical malpractice cases.