Indiana Medical Malpractice Lawyer

Medical malpractice is so frightening because we entrust medical professionals with our lives and well-being at the most vulnerable times in our lives. However, medical care providers like doctors, nurses, and even administrators are capable of making costly mistakes and errors in judgment.

If you can prove that the care you received fell below the medical standard of care and that this failure resulted in new injuries or the unnecessary exacerbation of existing ones, you can recover compensation through a medical malpractice lawsuit. However, you must act according to the statute of limitations so that your claim gets filed in time.

The first step toward recovery is to get help from an experienced Indiana medical malpractice attorney like the ones at Wruck Paupore. When you call our offices at (219) 322-1166 today, you can qualify for a free initial case evaluation so that you get the quality legal representation that you deserve.

Common Causes of Medical Malpractice in Indiana

There are numerous ways in which your medical care provider’s improper behavior can cause you harm and lead to a medical malpractice case. Below are just a few of the most common instances of medical malpractices where our Indiana medical malpractice attorneys could recover compensation for victims.

Surgical Errors

Surgeries always carry an element of danger, even for the most commonplace of conditions. It is the responsibility of the surgical team, from the surgeon to the anesthesiologist, to take proper care in preparing for and carrying out the surgery. Failing to do so can lead to serious complications of preexisting conditions or the development of new ones.

Procedure Errors

In some instances, a doctor simply fails to follow the correct methods of completing a medical procedure which results in injuries to the plaintiff.

Failure to Inform

Before any substantial medical action, a doctor is obligated by law to gain informed consent from their patient. In order to validly give informed consent, the patient must have all of the information about the proposed course of treatment. This information includes details about potential side effects and any known risks of complications. Failure to obtain consent is a clear cause of action for a personal injury lawsuit.

Misdiagnosis

Many conditions, if left untreated, can become substantially more serious over time. Further, if a patient receives treatment for the wrong condition, that treatment could potentially exacerbate the true cause of the patient’s symptoms. Unfortunately, a negligent physician may take shortcuts or conveniently ignore troubling symptoms when diagnosing a patient, putting the patient in additional danger. Often, a misdiagnosis may result in failing to prescribe critical medication or prescribing the wrong medication to a patient.

Defective Medical Equipment

You could suffer an injury while receiving medical treatment where the doctor is not the one at fault. If a medical tool or machine malfunctions and creates damage, you may have a personal injury case. You might be able to sue the hospital for failing to inspect or maintain their property. You may also have a case against the manufacturer of the defective piece of equipment. Indiana law allows you to name multiple defendants in a medical malpractice lawsuit. To find out who can be held liable for your damages, speak to one of our experienced Indiana medical malpractice lawyers.

Proving Medical Malpractice in Indiana

In order to succeed in your recovery as the victim of medical malpractice, you will need to prove by a preponderance of the evidence that your doctor’s failure to meet the standard of care in your case caused you harm. This harm could be the creation of a new injury or even the unnecessary exacerbation of the condition for which you sought treatment.

In order to demonstrate that your physician’s care fell below the standard of care in your situation, you will most likely need to introduce expert testimony. A medical expert in the same field as the negligent doctor can express the responsibilities and proper procedures to the jury to prove that there were shortcomings in your care. Your medical expert can also explain the consequences of the improper care and the prognosis for your injuries due to the malpractice.

Obtaining a medical expert is best left to the professionals. Our Indiana medical malpractice attorneys have years of experience acquiring effective expert testimony to give our clients the best chance of recovery.

Statute of Limitations for Medical Malpractice Lawsuits in Indiana

There is a limit on how long you can wait to file your medical malpractice lawsuit in Indiana. Under Indiana's personal injury statute of limitations, the viability of a medical malpractice claim only exists for two years after the cause of action accrues. In other words, you typically have two years from the malpractice incident to file your lawsuit.

However, medical malpractice is complicated because patients may not realize that they were the victim of malpractice until months or even years after the incident. This often happens because of fraud or hidden effects. For this reason, the clock for claims dealing with undiscoverable injuries usually only begins to run once the victim discovers (or reasonably should have discovered) the connection between the negligent medical care and the harm they sustained. Otherwise, the clock starts running on the date of the injury.

To further complicate matters, the statute of limitation may be impacted by the type of injury that resulted. For instance, the Indiana Supreme Court has held that in cases of wrongful death, the 2-year statute of limitations is absolute and that this is the maximum time limit to file suit, even if the medical malpractice could not have been discovered. For example, assume a person dies of cancer. One week before the two-year anniversary of the death, it is discovered that a certain medication the patient was taken caused the cancer because it was defective. Even though the cause of the injury was just discovered, the family would only have one week to file the wrongful death suit.

There are also other exceptions to the statute of limitations on Indiana medical malpractice cases. For instance, if the malpractice victim was a minor at the time of the incident, the clock usually will only start running once the victim turns 18.

Statute of limitations issues are complicated and have very meaningful consequences. You should never attempt to determine the filing deadline without consulting with an experienced Indiana medical malpractice attorney who can review you specific circumstances.

You must also remember that preparing to file a medical malpractice lawsuit can take a substantial amount of time, particularly where the nature of the malpractice or the resulting injuries are complex. It is in your best interest to reach out to one of our respected Indiana medical malpractice attorneys as soon as possible.

Discuss Your Medical Malpractice Lawsuit with Wruck Paupore for Free

When you pick up the phone and dial (219) 322-1166 today, you can get access to a free initial case assessment, courtesy of one of the many seasoned Indiana medical malpractice attorneys at Wruck Paupore.