Do not hesitate to call our Carmel injury lawyers at (317) 526-4467 to review your case. Our team works on a contingent fee basis, which means that you do not pay us unless and until you win. You focus on healing – we handle the rest.
Indianapolis Medical Malpractice Lawyer
Understanding Medical Malpractice: Causes, Consequences, and Your Rights
When we seek medical treatment, schedule a surgery, or go to the hospital for a health emergency, we expect medical professionals to prioritize our health and safety and to treat us correctly and reasonably. We trust doctors, nurses, and other medical personnel with our lives and to improve our health, not to make it worse.
Unfortunately, a stark reality is that medical professionals are human and sometimes make negligent human errors in healthcare that cause serious injury and harm to patients. Medical malpractice can result in serious injuries and deaths. In such cases, those who act negligently must be held accountable for their negligence.
Located in Carmel, The Cline Law Firm provides professional legal counsel to those who have been injured by the negligence of healthcare providers. Our Indianapolis medical malpractice attorneys have decades of experience in medical malpractice cases and have successfully resolved hundreds of such cases. We prioritize our clients’ interests and fight for your rights to financial compensation.
You have the option to hold these negligent medical professionals liable though a medical malpractice claim.
To prove that medical malpractice has occurred, you must be able to show that:
- A doctor-patient relationship existed between the patient and the negligent health care provider.
- The medical professional was negligent. A medical professional is not responsible for injuries and damages to a patient because a patient is unhappy with the results of their treatment. A victim of medical malpractice must prove that a physician failed to comply with reasonable standards of medical care and caused injury to the patient as a direct result of the negligent treatment.
- The injuries have caused specific damages. A patient will not be successful in a lawsuit unless the patient can prove that he or she sustained injuries and damages as a result of negligent health care.
$5,634,669 Verdict for a Wrongful Death Caused by Pneumonia
Lance D. Cline obtained a jury verdict of $5,634,669.84 for the wrongful death of a fifty-two-year-old Indian female married to a sixty-four-year-old Indian male at the time of her death. The couple had no children. The decedent developed MRSA pneumonia, a rare form of pneumonia.
$4,100,000 Verdict for Birth-Related Brachial Plexus Nerve Injuries
Lance D. Cline tried this case to a jury in 2012. The plaintiff was a minor male who sustained injuries to brachial plexus nerves in his right arm at the time of his birth. A shoulder dystocia occurred during the vaginal delivery.
$3,500,000 Verdict for a Brachial Plexus Nerve Injury During Shoulder Replacement Surgery
Lance D. Cline tried this lawsuit to a jury in a conservative, northern Indiana county in 2018. The sixty-five-year-old plaintiff had a history of multiple dislocations in his left shoulder between the ages of fourteen and twenty-five that led to the performance of a Magnuson-Stack procedure upon his left shoulder at the age of twenty-five that prevented further dislocations.
$1,285,000 Verdict For a Minor Who Sustained Permanent Brachial Plexus Nerve Injuries at Birth
Lance Cline presented expert witness testimony from two board-certified obstetricians and a biomechanical engineer with expertise and knowledge regarding physician-applied forces during child delivery. The Defendant made no offer of settlement before the trial. The jury deliberated for ninety minutes before ignoring the medical review panel opinion and returning a verdict in favor of the client in the amount of $1,285,000. That was a record verdict in the county where the case was tried.
"I truly want to thank you for helping us through these hard years of litigation. It's finally over."MM
"With warm appreciation for all you've given of your time, your energy, and yourself, I am so glad that I was referred to you. Thanks a million."RS
"I so admire your work ethic and dedication to your profession."LF
How Long Do I Have to File a Medical Malpractice Claim in Indiana?
Injuries incurred from malpractice are typically more complicated than other injuries sustained in straightforward accidents. The reason for this is, by nature, medical procedures usually have a recovery time and it is not always obvious what pain is a result from a medical procedure and what is a result from malpractice. Because of this the statute of limitations works a little different for medical malpractice cases.
What Is the Indiana Statute of Limitations?
According to Indiana Code section 34-18-7-1, you have two years from the date you were injured or the date you discovered your injury to file a medical malpractice claim. If you did not discover your injury right away you will have to provide proof of that fact to the court.
Additionally, injury victims who are under the age of six years old have until their eighth birthday to file a claim. The statute of limitations can be a complex area of medical malpractice law, as there are other situations or options that may change your time period to file a lawsuit. If you have questions or want to learn more about your options, call our firm today.
What Damages Can You Recover for Medical Malpractice in Indiana?
Victims of medical malpractice have the option to pursue all three types of damages available in all other personal injury claims.
These types of damages are:
- Economic damages
- Non-economic damages
- And punitive damages
Economic damages compensate for financial losses associated with your injury and non-economic damages cover non-financial losses. These more abstract losses are usually referred to as pain and suffering.
Punitive damages are different than the first two categories of damages in that the main purpose of them is to punish the negligent party instead of compensate the injury victim. Unlike other personal injury claims however, Indiana imposes a cap on the total amount of compensation an injury victim can recover.
While Indiana has had a history of raising this cap over the years it currently stands at a limit of $1.8 million for cases where the malpractice happened after June 30, 2019. Have questions about this law can affect your case? Call our firm for a free consultation today!
Visit our testimonials to see what our clients have to say about working with our firm!
The Inner Circle of AdvocatesFounding member, Lance D. Cline, is one of only two Indiana lawyers ever invited into this most prestigious and selective organization of plaintiff trial attorneys.
Best LawyersLance D. Cline has been voted by his peers as a Best Lawyer in America in the fields of medical malpractice and personal injury every year since 1997, as the Indianapolis Medical Malpractice Lawyer of the Year three times and as the Indianapolis Personal Injury Lawyer of the Year in 2019.
Super Lawyers®Lance D. Cline has been selected by his peers as an Indiana Super Lawyer and as one of Indiana's Top 50 Lawyers since the inception of the award in 2004. He has also been selected as one of Indiana's Top 10 Lawyers in 2018, 2019, and 2020.
Indiana Trial Lawyers AssociationLance D. Cline has been a member of ITLA's Board of Directors since 1984 and was selected by his ITLA peers as the Trial Lawyer of the Year in 2018.