Medical Malpractice Lawyer in Kokomo, IN
As patients, we trust health care providers to provide accurate information and treat us to the best of their ability. However, even the most qualified physicians and specialists can make medical errors when diagnosing health conditions, recommending procedures, and even working in the operating room.
If you were injured due to medical negligence or if your doctor failed to warn you of potential side effects and risks, you may be eligible for compensation. Talk to a Kokomo medical malpractice attorney as soon as possible and they can assess your claim, negotiate a fair settlement, and take your case to court if needed.
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Getting started with your case is as simple as a click or a phone call. Reach out to our law office today to find out how you can pursue legal compensation.
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Table of Contents
What’s Medical Malpractice?
Medical malpractice is a common form of negligence that occurs when a health care provider deviates from the accepted or appropriate standard of care. In other words, the provider failed to act as a reasonably prudent professional would in similar circumstances. Additionally, the error must result in injuries, disability, or death to be considered malpractice.
Malpractice is surprisingly common in Kokomo and other parts of Indiana. According to the National Institutes of Health, providers make preventable errors in about 3-15% of interventions. Medical malpractice is one of the top causes of death after heart disease and cancer. In Indiana, 826 malpractice claims were filed in 2023, and the Patient’s Compensation Fund issued 144 settlements.
3 Types of Medical Malpractice
With more than 160 recognized medical specialties and over 55,000 diagnostic codes, medical malpractice cases are extremely diverse. Medical errors affect everyone from infants and new mothers to healthy working adults and individuals with cancer and chronic diseases. Despite the wide range of claims, malpractice cases generally fall into 3 main categories.
Diagnostic issues frequently affect patients with cancer, diabetes, high blood pressure, bone fractures, and cardiovascular problems. Doctors and radiologists sometimes miss a diagnosis completely. Providers may also mistake life-threatening conditions, such as a heart attack and stroke, for common health problems like acid reflux or anxiety. With this type of malpractice, critical care is delayed until more serious interventions are needed or the disease is too advanced to treat.
Improper treatment occurs when a doctor provides the wrong medication or recommends an incorrect or inappropriate procedure. Examples of improper treatment include a surgeon operating on the wrong side of the body or an obstetrician failing to initiate an emergency C-section despite signs of fetal distress.
Before providing care, providers must secure the patient’s consent. This type of malpractice occurs when doctors fail to explain potential risks, side effects, or complications. If your doctor failed to tell you about alternative procedures or treatments, you may also have a medical malpractice case.
Examples of Medical Malpractice or Medical Negligence
If a doctor provided incorrect or inadequate care, you may be able to recover compensation for your injuries and subsequent medical expenses. Here are some of the most common types of medical malpractice that injury attorneys see in Kokomo and the surrounding areas:
- Medication errors, such as the wrong drug or dose
- Surgical errors
- Embedded sponges or instruments
- Hospital-related infections
- Brain injury
- Birth injury
- Paralysis
- Amputation
- Delayed diagnosis
- Missed diagnosis
- Incorrect diagnosis
- Lack of informed consent
- Wrongful death
What Are the 4 D's of a Malpractice Lawsuit?
Winning a medical malpractice lawsuit or securing an out-of-court settlement in Kokomo requires you to prove 4 things. In the medical field, negligence is determined by the following elements known as the 4 D’s:
- Duty: You must show that the provider owed you a duty of care through your doctor-patient relationship.
- Dereliction: You must demonstrate that the provider deviated from the acceptable standard of care.
- Damages: You must provide proof that you suffered physical, emotional, and/or financial harm as a result of the error.
- Direct Cause: Your injuries or losses must be a direct result of the physician's dereliction of duty.
What Kind of Compensation Can I Recover?
Individuals who have been harmed due to medical malpractice or medical negligence may be eligible for several forms of economic and non-economic compensation. The type and amount of compensation depend on the facts of your case, but you may be eligible for compensation related to the following damages:
- Medical bills incurred as a result of the injury
- Past and future lost wages
- Disability or disfigurement
- Diminished earning capacity
- Pain and suffering
- Emotional distress
- Loss of consortium
- Funeral expenses
What’s the Indiana Medical Malpractice Act?
The Indiana Medical Malpractice Act was enacted in 1975 to help protect medical providers and patients while controlling the cost of malpractice insurance and claims. It includes several different components that affect how medical negligence claims are handled in Kokomo:
- Medical Review Panel: All claims valued at a certain amount must be reviewed by the MRP before they can proceed to court. This panel consists of 1 attorney and 3 physicians who determine if malpractice occurred.
- Damage Caps: These limits determine how much compensation you are able to receive. These funds come from the medical provider and the state’s insurance pool.
- Patient’s Compensation Fund: The PCF is a state-managed pool that collects funds from medical providers and insurance companies. This fund pays any compensation over the provider limit. The system is designed to prevent health care providers and hospitals from facing bankruptcy or financial difficulty due to liability claims.
Medical Malpractice FAQs
In Indiana, medical malpractices typically take 1-3 years to resolve. This is due in part to the state’s medical review panel, which is responsible for evaluating claims before they’re heard in court. The duration will also depend on the complexity of your case. Your attorney can provide more specific guidance. Here’s a closer look at possible timelines:
- Investigation: 3-12 months
- Discovery: 6 months - 2 years
- Trial: days - weeks
Per Indiana Code 34-18-7-1, patients have up to 2 years to initiate a claim after the date of the alleged error. Some exceptions are available for young children and in cases where the error was not discovered until a later date, such as a missed cancer diagnosis.
Even if you aren’t in perfect health, you may still be able to claim medical malpractice. If you have an existing disability, you must show that the procedure or medical error worsened your condition. You must also meet other requirements to prove a malpractice claim, such as showing that the doctor did not act as a reasonable and prudent provider would have in a similar situation. These cases have the potential to be more complex, so it’s worth consulting an attorney for a personalized assessment.
The easiest way to determine if you have a valid claim is by consulting a qualified medical malpractice attorney in Kokomo. A lawyer will review the facts in your case and determine if they meet all legal requirements for proving medical negligence.
Medical malpractice cases can be extremely complex, so it’s important to have a qualified personal injury attorney by your side. Physicians and hospital groups, as well as their insurance carriers, typically have deep pockets and large legal teams. An experienced attorney can prepare documentation, gather evidence, and identify expert witnesses who can testify on your behalf.
Medical malpractice settlements and verdicts can vary widely depending on the facts of your case, the type of injury, your age, income, and other factors. In Indiana, compensation for medical malpractice is capped. Providers are responsible for paying a certain amount of compensation. Remaining compensation for damages, up to a point, will be paid from the Indiana Patient’s Compensation Fund.
Request a Free Medical Malpractice Case Evaluation
Don’t wait to start your personal injury claim. An experienced Kokomo medical malpractice attorney will review the facts of your case, explain your legal options, and advise you on the next steps. Whether you’re in Kokomo, Indianapolis, Bloomington, Greenwood, Anderson, Muncie, Columbus, or Avon, you can get a skilled medical malpractice lawyer in Indiana who understand the complexities of diagnostic errors and medical negligence. Contact us and schedule a free consultation today.