Indiana Medical Malpractice Lawyer
Each year, approximately 20,000 medical malpractice lawsuits are filed across the United States. In Indiana, medical malpractice remains a serious concern, often resulting from miscommunication among healthcare teams, inadequate patient monitoring, and physician oversight failures.
If you have suffered from medical negligence incidents like wrong medication or surgical errors, it’s essential to take legal action. Without legal support, seeking fair compensation for personal injury claims or wrongful death claims can be daunting. Our experienced Indianapolis medical malpractice lawyers are committed to building a robust case for you and pursuing every dollar you deserve.
Contact our law firm and schedule a free initial consultation with an Indiana medical malpractice attorney.
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Contact our Indiana medical malpractice lawyers to schedule a free consultation. All confidential or sensitive information shared with your Indiana medical malpractice lawyer remains private through an attorney-client relationship.
How Prevalent is Medical Malpractice in the State of Indiana?
The American Medical Association (AMA) reports that one in three clinicians will face a medical malpractice lawsuit at some point in their careers.
The AMA also noted that general surgeons and obstetricians/gynecologists (OB/GYNs) are the specialists most frequently involved in medical malpractice suits.
A recent study by Gatti, Keltner, Bienvenu & Montesi, PLC identified Indiana as the ninth most dangerous state for medical patients due to a high rate of medical malpractice, averaging 0.63 reports per practitioner from 1990 to June 2023.
Since Indiana’s Medical Malpractice Act was enacted in 1975, patients in the state have filed 27,272 complaints.
A 2012 report from the Indiana Patient Compensation Fund revealed that only 2,117 financial payouts were made from the fund for these complaints.
In 2022, the National Practitioner Data Bank (NPDB) documented 3,046 medical malpractice payments related to wrongful death claims.
In 2022, Indiana recorded 298 medical malpractice reports.
According to recent studies, the most common preventable medical errors included pressure ulcers (bedsores) and incidents of foreign objects left in patients after surgery.
A 2023 Statista survey in the United States found that general surgeons were the most commonly sued specialists for medical malpractice.
What is Medical Malpractice in Indiana?
Medical negligence, also known as medical malpractice, occurs when a healthcare provider fails to meet established standards of care, resulting in harm to the patient. Negligence is synonymous with carelessness, and in a medical context, it means a lack of appropriate care during treatment.
Medical providers have a legal obligation to adhere to established standards when diagnosing symptoms and treating patients.
It’s important to note that medical negligence doesn’t imply malicious intent. Providers can have the best intentions but still be negligent if they fail to take adequate care.
Overview of Indiana Medical Malpractice Act
The Indiana Medical Malpractice Act aims to reform medical malpractice practices. It requires complaints of alleged medical malpractice to be reviewed by a panel of medical professionals in similar fields. If negligence resulting in harm is identified, the patient may recover compensation through the court system.
The Act limits the damages a victim can seek and makes doctors liable for up to $250,000 per case, with a maximum of $750,000 annually. Additionally, the Act establishes the Indiana Patient Compensation Fund (PCF) to cover costs above $250,000.
Under the Act, victims can seek up to $1,000,000 from the PCF, totaling $1,250,000 in possible damages. This can provide important support for victims across Indiana.
What are the Common Forms of Medical Malpractice Seen in Indiana?
Medical malpractice happens when a doctor, nurse, or other healthcare professional deviates from the standard of care, harming the patient. Here are the common forms of medical malpractice in Indiana:
- Misdiagnosis, including neglecting necessary tests or failing to interpret results correctly
- Failure to seek specialist consultation when necessary for patient care
- Early discharge from medical facilities, such as the emergency department
- Ignoring or failing to review medical history and patient records thoroughly
- Wrong communication due to the absence of an interpreter, potentially leading to patient harm
- Overlooking abnormal test results or failing to update a diagnosis based on new data
- Improper medication, including dosage errors or prescribing the wrong drug
- Surgical errors, such as wrong-site surgery, leaving foreign objects in the body, or unnecessary procedures
- Lack of informed consent, including not fully explaining risks or alternatives before a procedure
- Anesthesia-related mistakes, such as administering incorrect doses or failing to monitor the patient
- Neglecting follow-up care, such as failing to schedule necessary post-operative check-ups or not addressing complications
How to Know If I Have a Valid Medical Malpractice Claim Under Indiana Law?
Before determining whether you have a case for medical malpractice in Indiana or not, assess if a healthcare provider breached their duty of care, resulting in harm. To know if you have a valid medical malpractice claim, ask yourself or your Indiana medical malpractice lawyer the following questions:
- Did the healthcare provider deviate from the accepted standard of care in your situation?
- Can you identify how the medical professional’s actions or inactions resulted in medical negligence?
- Did you suffer a specific injury or harm as a direct result of the provider’s actions or omissions?
- Can you establish a clear link between the provider’s breach of duty and your injury?
- What are the tangible damages undergone? (e.g., medical expenses, lost wages, pain and suffering)?
- Has a medical expert reviewed your case and determined that malpractice may have occurred?
- Are you within Indiana’s statute of limitations for filing a medical malpractice claim?
These questions can help determine whether you can pursue strong legal action. Document any damages, such as physical harm, financial loss, or emotional distress. Indiana medical malpractice lawyers will review your medical records, consult with experts, and determine if you have a valid medical malpractice case.
Time Limits to File Indiana Medical Malpractice Claims
In Indiana, medical malpractice lawsuits must be filed within two years of the medical error. Missing this deadline typically results in case dismissal and loss of potential compensation from any insurance company.
Extensions are possible if you couldn’t reasonably discover the malpractice within the time frame. In such cases, the extension depends on the “discovery date” (when you learned about the malpractice). If the discovery date occurs after the deadline, you have two years from that date to file a complaint.
For minors under six years old at the time of the malpractice, the deadline extends until their eighth birthday. Talk to seasoned Indiana medical malpractice lawyers to understand the statute of limitations law applicable to your case.
What are the Damage Caps for Indiana Medical Malpractice Cases?
Indiana caps the total compensation in medical malpractice lawsuits. This cap covers all damages, unlike some states that limit only certain categories. The cap varies depending on when the medical error occurred. For errors between July 1, 2017, and June 30, 2019, the cap is $1.65 million. For medical errors after June 30, 2019, the cap is $1.8 million. For earlier cases, consult Indiana Code § 34-18-14-3 for the relevant cap.
Consult Indianapolis medical malpractice attorneys for guidance on your specific situation and the application of these laws.
How to Prove Fault in an Indiana Medical Malpractice Case?
Not all patient injuries under healthcare professionals qualify as medical malpractice. For a medical malpractice lawsuit, victims must prove four key elements:
- Duty: An established relationship existed between the medical professional and the patient.
- Breach: The medical professional violated their duty of care.
- Injury: The victim experienced serious personal injuries or harm resulting in economic or non-economic damages.
- Causation: The breach of care directly caused the injury or harm.
An experienced Indiana medical malpractice lawyer can assess whether medical negligence caused your injuries and assist in building a strong case.
Types of Recoverable Compensation in Indiana Medical Malpractice Cases
Indiana medical malpractice attorneys recover compensation for victims’ losses from the insurance company of the liable party which includes:
- Present and future medical bills including hospital stays, surgeries, medications, and specialized care.
- Lost wages due to missed work
- Lost capacity to earn income
- Compensation for ongoing care or rehabilitation expenses
- Pain and suffering
- Loss of companionship and support
- Loss of consortium
- Punitive damages in case there is severe medical negligence
Your Indiana medical malpractice attorney will fight for your right to justice and help prevent further harm caused by negligence.
Hire an Experienced Medical Malpractice Lawyer in Indiana to Resolve Your Case
Have any doctor, nurse, or hospital staff member in Indiana shown negligence or malpractice while doing your treatment? Did you suffer any serious injury, disability, or death of a loved one due to careless medical treatment? If yes, our Indianapolis medical malpractice lawyers will ensure you receive the compensation you deserve.
Leveraging their decades of experience in fighting medical malpractice cases in Indianapolis, our Indiana personal injury lawyers have a track record of securing millions for clients through excellent legal representation.
Whether it’s a birth injury claim, surgical error, medication errors, or nursing negligence, we will ensure that responsible medical professionals are held accountable.
Contact us today at (888) 424-5757 to schedule a free consultation. All confidential or sensitive information you share with our Indianapolis medical malpractice lawyers will remain private under an attorney-client relationship.