Do You Need a Medical Malpractice Lawyer in Indianapolis, IN?
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What is Medical Malpractice?
Medical malpractice is a broad term generally used to describe any improper behavior by a medical provider that harms a patient. This encompasses incorrect diagnoses, inadequate treatment, or deviations from recognized medical care, health standards, or safety protocols by a healthcare professional.
Examples of Medical Malpractice
Examples of medical malpractice can take many forms, too numerous to list, but most cases involve one or more of the following:
- Birth injuries : Injuries to the mother or baby during childbirth due to medical negligence.
- Misdiagnosis/Failure to diagnose: Incorrectly identifying a patient’s condition or failing to diagnose it at all.
- Delayed diagnosis : Taking too long to diagnose a condition, leading to worsened outcomes.
- Surgical errors : Mistakes made during surgery, such as operating on the wrong body part, leaving instruments inside the patient, or performing unnecessary surgery.
- Failure to treat: Not providing the necessary treatment after a correct diagnosis.
- Prescription/medication errors: Giving the wrong medication, incorrect dosage, or failing to account for drug interactions.
- Anesthesia errors: Mistakes in administering anesthesia, such as incorrect dosage or failure to monitor vital signs.
- Failure to prevent or treat infections: Not taking adequate steps to prevent infections or failing to properly treat them if they occur.
Do You Need an Indianapolis Medical Malpractice Attorney?
Medical errors are among the most common causes of death in America , and medical malpractice is among the most complex areas of law. These cases require an expert grasp of both legal and medical aspects to fully investigate and prosecute the claim.
In many instances, medical malpractice is not immediately apparent to the average person and requires a thorough review and analysis by medical experts. If you suspect that you or a loved one is a victim of medical malpractice, consulting with an experienced medical malpractice attorney who can help you evaluate your claim is always your best course of action.
Learn More about Medical Malpractice:
- What is Medical Malpractice?
- Dos and Don’ts if You Suspect Medical Malpractice
- No. 1 Secret to Avoid Becoming a Medical Malpractice Victim
- Medical Malpractice FAQ
- Medical Malpractice Fact Sheet
For more than 30 years, Powless Law Firm, P.C. has advocated for Hoosiers harmed by medical negligence. Whether you’ve suffered due to hospital errors, misdiagnosis, birth injuries, or wrongful death, our legal team is committed to securing the full compensation you deserve.
Contact Powless Law Firm, P.C. today at (877) 769-5377 for your complimentary case evaluation.
Understanding Medical Malpractice
Medical malpractice occurs when a healthcare professional fails to provide care that meets established standards, leading to injury or death for a patient. This could include emergency room mistakes, misdiagnosis, insufficient treatment or monitoring, medication errors, and even surgical errors.
If you or someone you care about has been affected by such negligence, remember that you are not alone. If you suspect medical negligence, call Powless Law Firm, P.C. at (877) 769-5377 for a free case evaluation.
Indiana statute of limitations generally permits two (2) years, starting from the date of the incident or discovery of the injury, to file a medical malpractice claim. However, there are important exceptions to this rule; therefore, we recommend consulting a qualified medical malpractice attorney without delay.
Common Types of Medical Malpractice in Indiana
In Indiana, medical malpractice can take many forms. Some of the most frequent hospital errors include:
- Prescription Errors: Providing incorrect medications or dosages, or failing to check for patient allergies.
- Surgical Errors: Operating on the wrong site or leaving surgical instruments inside the body.
- Delayed Diagnosis: Failing to diagnose a condition promptly can increase the risk of complications.
- Anesthesia Errors: Administering anesthesia incorrectly, resulting in serious harm.
- Infection Control Failures: Inadequate sanitation leading to patient infections.
- Communication Failures: Miscommunication among healthcare providers, resulting in errors or billing mistakes.
- Falls and Patient Injuries: Insufficient assistance during recovery, causing preventable injuries.
- Failure to Monitor : Neglecting to monitor patients’ conditions after surgery.
- Improper Discharge: Releasing patients too early, which can cause further complications.
- Birth Injuries: Any of the above errors may harm newborns during childbirth.
Speak to an Indianapolis Medical Malpractice Attorney
Medical Malpractice in Indiana
Medical malpractice is a significant issue in Indiana. According to Indiana’s Patient’s Compensation Fund , an average of 940 medical malpractice cases are filed each year. Indiana ranks as the sixth-largest state for medical malpractice payouts in the nation, with average payouts over $230,000 per case.
Indiana has also ranked as the ninth most dangerous state for patients in terms of medical malpractice incidents. However, it is important to note that the number of actual medical errors is likely much higher than the number of reported claims, as many victims do not pursue legal action due to a lack of awareness or the challenges involved in proving malpractice.
If you have been a victim of medical malpractice in Indiana, don’t hesitate to speak with a medical malpractice lawyer about your claim. Powless Law offers free consultations and never collects money on your case until you get paid as a result of our legal services.
For information about claims against your medical provider, visit the Indiana Patient’s Compensation Fund .
Indiana Medical Malpractice: Frequently Asked Questions
To prove a medical malpractice case, you must establish several key elements:
Step 1: Establish a Duty of Care. In a medical malpractice case, the first thing you must prove is that a healthcare provider-patient relationship existed. This means establishing that the healthcare provider had a professional duty to care for you and was responsible for your treatment. This duty of care is foundational to your case, as it sets the expectation that the provider will act according to accepted medical standards.
Step 2: Prove a Breach of Duty. Once duty is established, you must show that the healthcare provider failed to meet the standard of care expected of a reasonably competent professional in the same field. This means demonstrating that the provider acted, or failed to act, in a way that deviated from what other professionals would have done in similar circumstances. The breach of duty could involve a mistake, oversight, or failure to follow established protocols.
Step 3: Show Causation. Proving causation means showing a clear link between the provider’s actions (or inaction) and the harm you suffered. Without this connection, a malpractice claim cannot succeed. Your Indianapolis medical malpractice lawyer must provide evidence that the healthcare provider’s breach of duty directly led to your injury or worsened your medical condition.
Step 4: Argue Damages. The final step is to demonstrate that you suffered actual harm as a result of the provider’s breach of duty. Damages can include physical injuries, increased medical expenses, ongoing pain, emotional distress, or loss of income. Proving damages is crucial because it shows the real-world impact of the malpractice and forms the basis for seeking compensation.
Proving your medical malpractice case will require expert medical testimony, detailed medical records, and sometimes witness statements to support your claim. Most importantly, it will require a seasoned medical malpractice lawyer to help explain your legal options and advocate on your behalf. Call the team at Powless Law, P.C. to learn how we can help.
Medical malpractice occurs when a healthcare provider fails to meet the standard of care expected of a professional in their field. However, while every medical procedure carries some risk, not all complications mean that medical malpractice has occurred. When a doctor acts (or fails to act) in a way that a reasonable professional would not under similar circumstances, it may be grounds for malpractice.
To determine whether malpractice has occurred, most cases require at least one outside expert medical opinion. A lawyer can help you identify a qualified doctor to review your case and provide an opinion on whether the provider’s actions fell below the accepted standard of care.
Do you have a medical malpractice case? Call Powless Law Firm, P.C. at (877) 769-5377 for a free case review.
Generally, you have two years from the date of the malpractice to file a claim in Indiana. However, if you did not discover the injury or mistake right away, in some cases the two-year period may begin when you discover or reasonably should have discovered the malpractice. For example, if you only notice complications years after a surgery, the statute of limitations may start from the time you become aware of the issue. We recommend consulting a qualified medical malpractice attorney without delay to help you determine the applicable deadlines.
We highly recommend working with a medical malpractice attorney when pursuing a case against a healthcare professional or medical provider. It is legally possible to file a medical malpractice lawsuit on your own, but the tremendous complexity of medical malpractice law can put the self-represented plaintiff at a tremendous disadvantage.
Powless Law Firm, P.C. offers expert legal guidance on all types of medical malpractice claims. Proving malpractice often involves gathering expert testimony, medical records, and navigating detailed legal procedures, which can be difficult without professional help. Our team of Indianapolis medical malpractice lawyers can offer guidance, support, and legal advocacy that gets results.
To pursue a malpractice claim, you must prove that the provider breached their duty of care and that this breach caused you harm, and the claim must be properly filed within the applicable time limits. Powless Law Firm, P.C. can assist you throughout this process. Contact us today at (877) 769-5377 for guidance and support.
