Medical Malpractice Indiana

Why You Need a Lawyer for Medical Malpractice in Indiana

When you seek treatment for an injury or illness, you expect to receive expert medical care. Sadly, this is often not the case. Negligent and uncaring medical professionals have victimized numerous patients, and hundreds of thousands of people suffer from medical errors every year.

If you’ve experienced an injury from medical negligence or failed to receive adequate care, you shouldn’t have to pay out of pocket for your damages. Fortunately, you may be able to recover compensation by filing a medical malpractice claim.

That said, proving that a medical professional or institution is liable for damages is challenging. For that reason, it’s critical to contact a trustworthy attorney who has experience handling Indiana medical malpractice claims.

Medical malpractice lawyers support victims through the claims process, and they’ll represent you in court if you need to file a lawsuit. These attorneys help their clients gather evidence proving their claims, and they also help maximize compensation.

For considerate and committed medical malpractice attorneys in Indiana, contact Crossen Law Firm by calling (866) 515-8016 or by contacting us online. We have years of experience fighting on behalf of medical malpractice victims, and we’ll support you through the entirety of your case after it is considered filed.

Types of Compensation for Malpractice Cases

Compensation varies from case and case, and the amount you can expect to recover will directly depend on the damages you sustain. There are three main types of compensation you can recover: special damages, general damages, and punitive damages.

Special damages refer to compensation for economic losses. These damages reimburse victims for out-of-pocket expenses that resulted from their injuries. Some examples of special damages include medical expenses, lost wages, and lost earning capacity.

General damages compensate victims for losses that don’t have a price tag. Rather than reimbursing an injured patient after a medical error, these damages compensate for pain and suffering, emotional distress, loss of consortium, and other non-monetary losses.

Finally, punitive damages are meant to punish a defendant, meaning the person or facility you are filing against. These damages are rare because they’re reserved for notably egregious behaviors. To recover punitive damages, you must prove that the defendant blatantly disregarded your safety in an especially shocking way. These damages are meant to punish outlandishly negligent acts and dissuade others from causing similar circumstances.

Limits on Compensation

Although you have the right to recover compensation when you file a medical malpractice lawsuit, Indiana limits the total amount that you can recover. As of June 30, 2019, the total amount you can recover for your medical malpractice case cannot surpass $1.8 million.

What Is Medical Malpractice?

Indiana’s Medical Malpractice Act states that healthcare professionals and facilities owe a duty of care to their patients to provide acceptable medical treatment. This offense occurs when an individual or health care provider fails to fulfill this duty of care.

Indiana Civil Code 34-18-2-18 states that malpractice happens when a medical professional or health care facility breaches their contract with their patient. They breach this contract by supplying insufficient professional services.

The services provided may not follow modern medical standards, or the healthcare provider may fail to supply adequate care. Their negligence then directly caused a patient to suffer an injury or their injury worsened.

It’s important to recognize that not all medical errors are considered negligence. Physicians may make a mistake while still abiding by acceptable medical standards. Further, a doctor failing to fully fix your medical condition or address your concerns doesn’t necessarily mean that misconduct occurred.

Suppose a victim suffers from a serious car crash that causes a severe crush injury to their leg. The victim’s surgeon is not able to save the leg and instead amputates it to mitigate damage. Although tragic, the amputation wouldn’t qualify as misconduct as long as the surgeon didn’t deviate from acceptable medical standards.

On the other hand, if a surgeon mistakenly amputated a person’s leg because of a logistical error, the person is clearly a victim of misconduct.

If the victim sued the hospital, they may be able to recover compensation for medical bills, pain and suffering, and other damages. The defendant failed to provide adequate care, and their medical mistake directly caused the plaintiff to suffer from an unnecessary amputation.

Additionally, suffering from an injury at a medical facility doesn’t inherently mean you were the victim of misconduct. For instance, suffering from a slip and fall in a hospital parking lot wouldn’t qualify as malpractice. Instead, this would fall under the scope of premises liability.

Filing a Medical Malpractice Complaint

The Indiana Medical Malpractice Act states that people must file a complaint with a medical review panel before filing a claim or lawsuit. These panels are composed of three medical experts. The medical review panels give their opinion on alleged instances of misconduct.

You’ll need to deliver a copy of your proposed complaint to the Commissioner of the Indiana Department of Insurance. Send a copy of your proposed complaint through registered or certified mail as well as filing fees.

The first defendant you file against will require a $5 filing fee, and filing against every additional defendant will cost $2 each from the Indiana department.

While you are obligated to file a proposed complaint with an Indiana medical review panel, you do not need to abide by their conclusions.

The medical review panel may be of the opinion that misconduct didn’t occur, but you can still file a claim or lawsuit. That said, the panel’s findings on the proposed complaint tolls can be used as evidence in court. Their opinion on whether misconduct occurred can strengthen or weaken your claim.

Examples of Medical Malpractice

Indiana medical malpractice cases can differ substantially, as there are many ways physicians and other health care professionals can be negligent.

Some examples of medical malpractice include:

• Surgical errors: A surgeon can make an incredibly detrimental mistake that leaves you with debilitating injuries. For instance, an overworked surgeon may accidentally leave surgical tools within a patient, causing an infection. Common causes of surgical mistakes include tiredness, ineptitude, ineffective communication with other staffers, and drug and alcohol use.
• Anesthesia issues: Receiving the correct amount of anesthesia is critical for preventing pain during surgery and other procedures. If you fail to receive the proper amount, you may experience tremendous pain. Further, receiving too much anesthesia can cause serious harm or even death.
• Misdiagnosing: If a health care provider misdiagnoses your condition, you may receive improper or delayed treatment.
• Hospital neglect: Patients may fail to receive sufficient treatment and attention from hospital staffers, such as doctors’ assistants, technicians, aides, and others.
• Birth injuries: Tragically, a baby or mother may suffer from severe or fatal injuries due to health care negligence during the prenatal, natal, or postnatal periods. For example, a baby may suffer from cerebral palsy if they experience asphyxia during the birthing process.
• Medical device malfunctions: A defective medical device can cause harm to patients and those recovering from medical procedures. Some examples of faulty medical devices include ineffective surgical meshes, faulty or dangerous implants, and outdated hospital machinery.
• Prescription errors: Every year, around 1.5 million people suffer from injuries caused by medication errors. This type of error may occur due to a logistical oversight or a prescribing doctor may fail to consider adverse drug interactions.

Indiana Statute of Limitations for Medical Malpractice

The Indiana Medical Malpractice Act states that the statute of limitations is two years after the incident occurs. You cannot file on a later date.

While the standard is only two years, important exceptions exist. Indiana uses a “discovery rule” in these cases. The discovery rule means that a victim may file after the two-year statute of limitations if they later learn they were the victim of alleged medical malpractice. In these cases, the statute of limitations begins once the victim discovers the injury.

In addition to this rule, Indiana laws afford children under six special privileges in malpractice cases. If a patient was under six at the time of the incident, they have up to their eighth birthday to file a claim or lawsuit.

Finally, it’s important to know that your statute of limitations will be paused when you file a complaint with the medical review panel. Once the medical review panel states its official opinion on your case, you’ll have just 90 days to act and see that the lawsuit is filed.

Contact Crossen Law Firm for a Medical Malpractice Lawsuit

If you believe that you or a loved one was the victim of medical malpractice, it’s critical to get in touch with an attorney as soon as possible. An attorney will help you understand your rights and legal options. They will help you file a medical malpractice lawsuit according to the laws before the two-year statute of limitations.

Here at Crossen Law Firm, we fight for your right to compensation. We understand the challenges you face and are here to offer compassionate support and dedicated legal counsel. If you or a loved one were the victim of medical malpractice, don’t hesitate to contact us.

Many clients will tell you that our collective experiences and abilities are invaluable tools for navigating the rocky medical malpractice terrain and insurance, no matter which type of case you filed as a plaintiff. Leveraging extensive research and proven strategies, we confidently navigate through the intricacies of the law to advocate effectively on your behalf.

Don’t act alone. Call us at (866) 515-8016 or contact us online for a free consultation for your complaint.