​Indianapolis Medical Malpractice Lawyer

What are the Common Causes of Medical Malpractice?

Once we know what type of medical malpractice hurt you, we can start to dive into the details of why it happened. Knowing the cause of your injuries is the start of knowing who is liable for them.

Medical malpractice can be caused by many different forms of negligence, such as:

• Attempting to complete a medical procedure without the right training.
• Failing to order the right diagnostic tests.
• Making mistakes during the diagnostic testing process.
• Misinterpreting the results of a diagnostic test.
• Failing to read a patient’s medical history before prescribing treatment or medication.
• Mixing up one patient for another.
• Miscommunicating with other medical professionals during a medical procedure or surgery.
• Not giving the patient enough information to understand the medical procedure.

Who Can You Sue for Medical Malpractice?

The defendant in a medical malpractice case will be unique based on the circumstances of each case. Let us investigate your situation to see who did what wrong, and how it could have been prevented with a reasonable amount of care and caution. While we investigate your case to see who you can sue or hold liable, you should focus on resting.

Defendants in a medical malpractice case are typically one of two parties:

• Individual medical practitioners: If the medical malpractice was caused by the mistakes of a single medical professional – typically, a doctor or surgeon – then that specific person might be the sole defendant in the case. If the medical professional is an independent contractor and not an employee of the hospital or clinic that treated you, then you might only have the option to file against the medical professional.
• Nurses and nursing staff: Nurses can be held liable for mistakes such as incorrect medication administration, failure to monitor a patient’s condition properly, or not reporting critical changes in a patient’s status to the attending physician. Nursing errors that lead to patient harm are grounds for malpractice claims.
• Healthcare groups or clinics: In some cases, an entire healthcare group, medical clinic, or hospital is named as the defendant in a medical malpractice lawsuit, such as when the error occurred due to poor management or unsafe and unhygienic conditions at the treatment center. Also, liability laws can sometimes allow employers to be held liable for the mistakes of their employees, which can apply to medical professionals who are considered employees.
• Pharmacists and pharmacies: Pharmacists can be held liable for errors such as dispensing the wrong medication or incorrect dosage instructions. They are responsible for ensuring prescriptions are filled accurately and for advising patients on the proper use of medications.
• Medical device manufacturers: Manufacturers of medical devices can be held liable if their products are defective and cause harm to patients. This includes situations where the device design is flawed, manufacturing errors occur, or there is a failure to provide adequate warnings or instructions for use.

How to Prove Liability in a Medical Malpractice Lawsuit

You have the option to hold these negligent medical professionals liable through a medical malpractice claim. However, naming a party as a defendant and proving that they should be liable for our losses and harm are two different things entirely. Your case needs to be able to convincingly prove that your injuries would not have happened had it not been for the preventable negligent acts committed by the medical provider. Also, a medical mistake must typically include four specific elements for it to be considered malpractice worthy of a lawsuit.

Four elements that should be present in a medical malpractice case are:

1. A doctor-patient relationship existed between the patient and the negligent healthcare provider.
2. The medical provider deviated from accepted standards of medical care or acted in a way that a reasonable medical provider would not have done in the same situation.
3. The deviation from the accepted standards of medical care is what caused the patient’s injury.
4. The patient’s injury resulted in damage or losses, including economic and non-economic damage.

If your case has these four elements, we can start to look for useful pieces of evidence to prepare your case and back up our arguments. Medical records are usually the most helpful, but other documents and testimonies can be just as important. 

What Damages Can You Recover for Medical Malpractice in Indiana?

The types of damages that might be pursuable in your medical malpractice case are:

• Economic damages: Damages related to financial losses that can be tracked through receipts, bills, and expense reports are types of economic damages. Medical treatment costs and lost wages are the two most common forms of economic damage.
• Non-economic damages: Damages related to intangible losses are types of non-economic damages. Pain and suffering are recognizable forms of non-economic damages, but there may be many others that apply to your case, like shortened life expectancy or lessened enjoyment of life.
• Punitive damages: Punitive damages are meant to punish the negligent party instead of compensating the plaintiff. Courts only consider punitive damages when the medical negligence was particularly egregious or unforgivable, so punitive damages might not be available in your case.

Keep in mind that Indiana law tends to protect medical providers in ways that injured patients may find frustrating. Specifically, compensatory damages recoverable through a medical malpractice claim may be subjected to a cap or upper limit. Although legal updates have raised this cap several times in recent years, it might still be less than what you arguably deserve. Our attorneys always fight for the most compensation possible for our clients.

Signs You May Be a Victim of Medical Malpractice

Identifying whether you have been the victim of medical malpractice can be challenging, especially since not every negative medical outcome results from negligence. However, certain signs strongly suggest that your injury or illness may be the result of malpractice. Often, patients don’t realize they’ve been victims of malpractice until they experience severe complications or consult another medical professional for a second opinion. Here are some key indicators to look out for when considering whether you’ve experienced medical negligence:

• Unexpected Outcomes Without Explanation: While some procedures carry risks, complications that are unusually severe or unrelated to your original condition may be red flags. If your health dramatically declines after a treatment, surgery, or diagnosis—especially when no prior warning of such risks was given—it may indicate medical negligence. Medical professionals have a duty to inform you of possible outcomes and ensure you understand the risks involved through informed consent.
• Failure to Improve or Prolonged Recovery Time: While not every case of slow recovery is due to malpractice, an unusually extended recovery period, particularly after routine procedures, might indicate improper treatment or inadequate care. This is especially true if your healthcare provider cannot explain why you aren’t improving.
• A Diagnosis That Doesn’t Match Your Symptoms: Misdiagnosis or failure to diagnose is one of the most frequent forms of malpractice. If you feel that your symptoms don’t align with the diagnosis or prescribed treatment, or if your condition worsens despite treatment, it’s a sign to seek a second opinion. You may be a victim of diagnostic errors, which are preventable and can have dangerous consequences.
• Lack of Communication or Dismissed Concerns: If a healthcare provider repeatedly dismisses your symptoms or concerns, refuses to investigate further, or fails to communicate clearly about your care plan, it could be a warning sign of negligence that might lead to malpractice.
• Lack of Informed Consent: Before undergoing any medical procedure, healthcare providers are required to explain the risks, benefits, and alternatives—this is called informed consent. If you were not given adequate information to make an informed decision and suffered harm, it could constitute medical malpractice.
• Complications That Could Have Been Prevented
  Doctors and medical staff are required to anticipate possible complications and take steps to prevent them. If your injury or condition was worsened or caused by something the medical team should have mitigated, it may indicate malpractice.
• Infections Due to Poor Hygiene Standards: Developing infections during a hospital stay or after surgery, particularly infections like MRSA, may point to inadequate sanitation or poor post-operative care. Medical facilities are expected to maintain strict hygiene practices, and failure to do so could result in serious, preventable infections.
• Repeated Mistakes or Pattern of Neglect: If other patients report similar instances of errors, neglect, or unsanitary practices at the same facility or by the same provider, this could raise red flags. Patterns of such behavior often indicate systemic negligence.
• Conflicting Opinions from Other Medical Professionals: One of the most telling signs is when another doctor or specialist gives you a different diagnosis or treatment plan. A conflicting medical opinion may reveal that your initial provider overlooked critical information or failed to follow proper diagnostic protocols.

What is the Indiana Statute of Limitations for Medical Malpractice?

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 prove that you did not and that it would be unreasonable to say that you should have discovered it sooner. For example, if a doctor failed to diagnose a patient’s cancer, but that cancer did not start showing outward symptoms until many years later, the statute of limitations could begin on the date the symptoms began to show, rather than the date of the misdiagnosis.

Furthermore, medical malpractice survivors under the age of 6 years have until their 8^th birthday to file a claim, which provides them with a slightly longer statute of limitations to take legal action. The idea is that children might struggle to report their symptoms to their parents, guardians, or medical providers, so it can be more difficult to notice the signs of medical malpractice.