By: Bob Goldwater, Esq., The Goldwater Law Firm
Medical providers owe you a duty to provide medical care that is not substandard or causes you injury, harm, or death. While a doctor cannot guarantee that a medical procedure or a medical treatment will not have negative side effects, the doctor must provide you with a complete explanation of all potential consequences and perform his duties with the same standard of care that another physician would in a similar situation. When a doctor, medical facility, or other healthcare provider fails in this duty, we call it medical malpractice.
Proving Medical Malpractice Cases in Indiana
To recover compensation for a medical error, you need to provide evidence that meets the elements of medical malpractice under Indiana laws. Those elements are:
- The medical provider had a duty of care to the patient;
- The provider breached that duty by failing to follow the prescribed standard of care for that particular situation;
- The breach of duty was the reason the patient was injured; and,
- The patient suffered damages because of the injury.
Proving the standard of care that should have been used, how the medical provider failed to provide that standard of care, and that the breach caused an injury can be difficult. Insurance companies have teams of lawyers to fight medical malpractice claims. Therefore, consulting an experienced Indiana medical malpractice lawyer as soon as possible is imperative if you want to recover money for your injuries and financial losses.
How Long Do I Have to File a Medical Malpractice Claim?
Your time to file a medical malpractice claim is limited by Indiana’s Statute of Limitations. In Indiana, you have two years from the date of the malpractice to file your claim. If you fail to file a claim by this deadline, you are barred from recovering compensation for your injuries. However, there are exceptions to this general two-year rule that may apply in your case that could shorten or lengthen the time to file a claim. It is always best to consult an Indiana medical malpractice lawyer as soon as you suspect that you may be the victim of medical malpractice.
Common Medical Errors That Can Lead to a Medical Malpractice Claim
Although a doctor cannot know in advance how a patient will react to anesthesia, the medical staff must conduct a proper evaluation before the procedure, inform the patient of the possible complications, and monitor the patient during the entire procedure and after the procedure. At the first sign of a problem, immediate action is required. Potential errors that can cause injury include failure to intubate, dosage errors, equipment problems, and improper administration of oxygen.
A physician should follow standard steps when diagnosing a health-related issue. When a doctor fails to properly diagnosis a condition, the patient can suffer permanent injury or death. Examples of conditions that a doctor can miss that results in a life and death situation include cancer, heart conditions, high blood pressure, diabetes, and high cholesterol.
Surgical errors are a common reason for a medical malpractice claim. Everything from leaving implements inside a patient or failing to clean equipment properly to failing to diagnose a complication and failing to provide follow-up care can be included under surgical errors.
There are many things that can go wrong during birth. Some of the things that happen cannot be avoided or foreseen, but many things that happen in the birthing room give rise to a medical malpractice claim. Failing to diagnose a problem that a competent doctor would have seen can be considered malpractice. Other examples include not inducing labor or performing a C-section when the baby or mother is in distress, the excessive force caused by using forceps, failing to diagnose problems during pregnancy that lead to a birth injury, and failing to diagnose conditions immediately after birth that lead to death or injury.
Medications can have unintended side effects; however, errors can be made that rise to the level of medical malpractice. Prescribing the wrong medication, prescribing the wrong dose, errors at the pharmacy, and failing to check for potential conflicts between medications can cause unnecessary injury or death.
Call Now for a Free Appointment with an Indiana Medical Malpractice Lawyer
Call The Ken Nunn Law Office at 1-800-CALL-KEN or 1-800-225-5536 to speak with an Indiana medical malpractice lawyer. You can also use the Live Chat feature on our website to request additional information. We accept most cases on a contingency fee basis — you won’t pay our attorney fees until we recover money for your claim.
About The Author
Bob Goldwater is an Essure lawsuit attorney and is based in Scottsdale, Arizona. Bob has been practicing law since 1992 and is one of the most recognizable mass tort lawyers in the United States. Bob has recovered hundreds of millions of dollars for his clients and is a graduate of Arizona State University Law School.