Healthcare professionals hold a unique standard of care. Even though mistakes happen, they can lead to serious injury or even a wrongful death. Some types of medical malpractice are a result of a mistake. Sometimes, medical professionals cover up medical malpractice to protect their careers and reduce liability. If you were the victim of medical malpractice, learn more about Indiana medical malpractice laws and how a Merrillville personal injury lawyer from Lerner and Rowe can advance your case.
What Is Medical Malpractice?
Medical malpractice happens when a practitioner fails to provide a certain standard of care. Not providing that standard of care causes injury to a patient. Medical malpractice can include the following mistakes:
- Not diagnosing a condition correctly.
- Performing errors during a surgical procedure.
- Prescribing the wrong medications for a condition or medications that a patient is allergic to.
If a doctor diagnoses acid reflux without recommending an EKG to check for a heart attack, this is an example of medical malpractice. Sometimes, a dentist will drill into the wrong tooth. A delayed diagnosis is also considered medical malpractice.
Medical malpractice requires a special dispensation from medical experts to go forward. Typically, a panel of doctors must hear about a malpractice case and issue a written opinion called an affidavit.
There are sometimes several defendants attached to a medical malpractice case. These can include the doctor or staff involved in the malpractice, the institution providing the care, pharmacists, and equipment/drug manufacturers. Typically, multiple parties pay for the entire settlement in a medical malpractice case.
How Long Do You Have to File an Indiana Medical Malpractice Claim?
Per Indiana medical malpractice laws, if you are injured due to medical malpractice, you generally have two years to pursue a claim from the date the malpractice happened. There is also a discovery rule. If you discover the malpractice after it happened, the clock starts ticking. There is also a terminal deadline. If a patient discovers malpractice more than 10 years after the fact, they cannot pursue a claim.
How Much Are Medical Malpractice Payouts?
Medical malpractice payouts depend upon the severity of the injury and the amount of negligence displayed by the provider.
There are caps on medical malpractice in Indiana, which is $1.8 million. Hospitals, practitioners, and a state patient fund contribute to the payout.
Medical malpractice can cause a provider to pay higher insurance rates, reduce their credibility, and result in license revocation. Some common types of damages in a malpractice case include:
- Lost wages
- Costs of further medical care
- Pain and suffering
- Emotional distress
- Loss of companionship
If a patient dies from their injuries, other types of litigation could emerge. A patient’s family could file a surviving act to pursue damages related to the personal injury and a wrongful death suit.
Do Practitioners Ever Conceal Medical Malpractice?
The Mongan Institute once spoke to about 1,900 doctors about the quality of care that they delivered to patients. 2 out of 5 practitioners disclosed that they had concealed medical malpractice to avoid a lawsuit. Doctors also spend about five years of their career with an open medical malpractice claim.
Medical malpractice insurance is also expensive for doctors. It can be about two to three percent of a doctor’s salary. Additionally, some providers have higher premiums. For example, surgeons might pay as much as $50,000 for their premium.
What Are Some Common Indiana Medical Malpractice Issues?
Some common types of medical malpractice issues include:
- Surgical errors, such as cutting into the wrong side or nicking a blood vessel.
- Diagnostic errors happen when a doctor misses something or diagnoses a wrong condition.
- Equipment failures are also a common medical malpractice issue.
- Patient falls happen when someone requiring constant monitoring falls.
- Sometimes, patients can get hospital-acquired infections because of a disinfecting issue.
- A doctor might also not write down patient notes correctly or something might get missed in a patient’s records.
There are also types of malpractice called “sentinel” events in the medical field. These are things that should never, ever happen, including if:
- A patient was discharged to the wrong family.
- Patients receive a blood donation for something that they are not compatible with.
- Retention of a foreign object during a procedure, like a scalpel or a probe.
Can Comparative Liability Mitigate Medical Damages?
Sometimes, a patient can play a part in their medical malpractice. Patient miscommunications can happen if a patient declines care or frequently misses important appointments after a procedure. Not following advice from a doctor can be a defense against medical malpractice. Not disclosing medical history is also grounds for comparative liability. Failing to disclose medical history can also hinder a doctor’s ability to provide adequate medical care.
If a patient is involved with comparative liability, their final settlement may be reduced by their percentage of shared liability in the case.
Contact Lerner and Rowe for Help with Your Indiana Medical Malpractice Case
The experienced Merrillville injury lawyers at Lerner and Rowe are well versed in medical malpractice claims. Let us help you move your case forward by getting the affidavit, documenting your injuries, and figuring out your compensation. Also, the multiple defendants in a medical malpractice case are represented by attorneys. Medical malpractice claims are complicated and having representation is a must.
Lerner and Rowe’s Northwest Indiana team is available 24/7 to schedule your free consultation with a Merrillville product liability lawyer. You can reach out to us by phone at 219-999-0122 and online through encrypted online form or LiveChat.