Indiana's medical professionals are held to an extremely high standard, and while the majority of our doctors and nurses perform admirably, mistakes are made. If you're here because a surgical mistake or medical error led to injury, your next steps are critical, and without legal guidance, your chances to recover compensation for an act of medical malpractice can be nearly impossible.
Our network of Indianapolis medical malpractice lawyers have represented Indiana clients in some of the state's largest medical malpractice claims. No matter the circumstances of your case, the goal for every medical malpractice claim that comes through our office is to see clients recover from their injuries and receive the maximum amount of compensation for their pain and suffering.
(In the event that you're acting on behalf of a loved one who passed away due to a medical mistake, your attorney will work to open an estate on the loved one's behalf.)
Medical Malpractice Definition
Medical malpractice refers to professional negligence in the form of a specific act, lack of action, or omission by a health care provider or medical facility that fails to exercise adequate care, skill or diligence and deviates from the accepted standard of practice in the medical profession and results in injury or death to the patient.
In other words, any mistake or error by a medical professional (doctor, nurse, therapist, dentist, pharmacist, etc.) that causes serious injury, permanent disability or death, can be grounds for an Indianapolis medical malpractice lawsuit.
Types of Medical Malpractice
Medical malpractice can occur in any number of ways, however, there are specific mistakes that often account for the highest number of claims throughout Indiana.
The majority of clients we represent for medical malpractice suits include case types that involve:
As unlikely as it may seem, wrong-site surgery claims continue to be filed throughout the United States, and the patient's injuries that result from this medical error are often permanent.
If your surgery was performed on the wrong side or part of your body; you underwent the wrong surgical procedure; or surgery was performed on you that was meant for another patient, it's likely you may be able to file a medical malpractice claim against the doctor and/or hospital.
Forgotten or overlooked surgical tool(s)
Another common type of medical malpractice, it may surprise you to learn that each day, on average, there a dozen instances of patients being sewn up with surgical instruments left inside them.
We have represented multiple clients in cases where a surgeon or nurse mistakenly left a surgical tool, such as scissors or other metal instrument inside the patient, however, the most common item left in a patient's body after surgery is a gauze, wrap, or bandaging. Unknown to many people, gauze-like materials can be extremely deadly if left undetected.
Birth injury cases are some of the more emotionally charged cases our Indianapolis malpractice attorneys handle. We have witnessed a number of cases that involve physical or cognitive damage to the baby, and in some cases the mother.
Immediately after giving birth, it's not uncommon for a baby to exhibit certain marks and/or discoloration, however, it's always advisable to notify medical staff to any inconsistencies or unexplained abnormalities you see on your infant. Documentation of any suspected injury is key to a medical malpractice claim.
Common Birth Injuries Include:
- Brachial Plexus Injury (Erb’s Palsy / Klumpke’s Palsy)
- Cerebral Palsy
- Spina Bifida
- Brain Damage from Oxygen Deprivation / Restricted Blood Flow
- Delay in Development
- Wrongful Death of Mother
- Wrongful Death of Baby
- Shoulder Dystocia
- Persistent Pulmonary Hypertension of the Newborn (PPHN)
- Folic Acid Disorder
- Cystic Fibrosis
- Intrauterine Growth Restriction (IUGR)
- Mental Retardation / Intellectual Disability
Medication or Prescription Mistakes
We have worked on several cases involving a person being given the wrong medication, or the wrong dosage, thus causing serious injury and/or death.
It's importnat to note that these case types are not limited to hospitals and doctors. It's also possible for the dispensing agent, such as a CVS or Walgreen's pharmacy, to be held liable for issuing the wrong medication type or dosage amount.
Medical Malpractice Evidence
No matter how obvious a medical mistake may seem, it's almost certain that your case will require an experienced Indiana malpractice lawyer to appropriately build your case. Remember, there is no such thing as an "easy" malpractice claim.
The most critical component of a medical malpractice claim will be the evidence. One of the first steps we take on your behalf is to collect all of the records from the hospital or doctor's office in question. This may include items such as certified copies of your records, oral statements from doctors and nurses, developing a chronological history of offenses for the offending doctor and/or hospital, and any other evidence that is critical to your claim. This will serve as the foundation and building blocks for your malpractice case.
Due to the extreme complexity of these cases, your claim will take a significant amount of time and money to pursue. Fortunately, our law firm is able to front a client's case expenses as we investigate the claim.
Do you Have a Case?
This can be difficult to answer--the criteria for malpractice is vast, and medical tort reform has played a key role in greatly affecting your likelihood of successfully pursuing a medical malpractice claim. Because medical malpractice claims are highly scrutinized by the media, the margin of error in handling these cases can be very unforgiving.
Another intimidating factor associated with medical malpractice is a person's willingness to speak about their experience. People may fear that bringing attention to a doctor's mistake will cast a negative light upon the health care community. This is not the case.
When you call attention to a potential Indiana med mal claim, you have ensured that a doctor or hospital will be held accountable for your misfortune, and that others are properly treated and/or diagnosed in the future. It's possible that you may save someone else's life.
When you call Keller & Keller to speak with one of our experienced attorneys about a potential med mal claim, you'll receive our Zero Fee Guarantee, meaning we never charge you a consultation fee and the only way our firm receives payment is if a recovery is made on your behalf.
If you wish to speak to someone now, please call us at 1-800-253-5537, or if you prefer to write out the details of your experience, you can use our free, confidential contact form.