Indianapolis Medical Malpractice Lawyers

Types of Medical Malpractice Cases We Handle

Turn to CohenMalad, LLP when you need an attorney for your medical negligence case.

What “Medical Malpractice” Means in Indiana

Not every poor outcome is malpractice. Instead, medical malpractice occurs when a healthcare provider fails to meet accepted professional standards, resulting in patient harm. 

The Four Elements of Medical Malpractice

To succeed in a medical malpractice case, we must establish four key elements:

1. Duty of care: The healthcare provider had a professional relationship with the patient and thus had a duty to provide appropriate care.
2. Breach of standard: Their actions fell below the accepted standard of care that a reasonable provider would deliver in similar circumstances.
3. Causation: The substandard care directly caused harm to the patient.
4. Damages: The patient suffered measurable harm, such as additional medical expenses, lost income, pain, or disability.

To prove all of these elements, we will gather your medical records and ask other healthcare professionals for their expert opinions about your case.

Common Types of Medical Negligence

The following medical errors are the causes of many medical malpractice claims:

• Diagnostic errors: Missed, delayed, or incorrect diagnoses that prevent timely treatment.
• Medication mistakes: Wrong medications, incorrect dosages, or failure to check for allergies and interactions.
• Surgical negligence: Wrong-site surgery, anesthesia errors, or postoperative complications due to substandard care.
• Birth trauma: Preventable injuries to mothers or infants during labor and delivery.
• Treatment delays: Unreasonable wait times for necessary care or interventions.
• Inadequate follow-up: Failure to monitor patients or respond to complications.
• Communication failures: Poor handoffs between providers or failures to inform patients about the risks of treatment.
• Infection control breaches: Hospital-acquired infections due to improper sanitation protocols.
• Documentation errors: Mistakes in medical records leading to inappropriate treatment decisions.

We work with medical authorities to identify where specific actions may have deviated from appropriate standards of care.

The Indiana Medical Malpractice Act and Its Impact on Your Case

Indiana's Medical Malpractice Act, one of the first such acts passed in the United States, created a special process for claims involving medical negligence.

Indiana Medical Review Panels

Before filing a malpractice lawsuit in court, patients may submit their claims to a medical review panel consisting of three healthcare providers and a lawyer. This panel:

• Examines all submitted medical evidence
• Reviews current research relevant to the case
• Reads depositions from those involved, including you and the provider
• Issues an opinion on whether the provider upheld the accepted standard of care

The panel's opinion isn’t binding, but it could have a big impact on your case.

Damage Caps Under Indiana Law

Indiana limits the total compensation available in medical malpractice cases:

• The cap is $1.8 million for acts of malpractice occurring after June 30, 2019.
• The healthcare provider is responsible for the first $500,000 of the patient’s losses.
• The Indiana Patient's Compensation Fund covers the remaining amount up to the cap.

This system has two goals: ensuring patients can receive significant compensation when needed, and keeping Indiana medical malpractice insurance costs reasonable for providers.

Statute of Limitations for Medical Malpractice in Indiana

The deadline for filing medical malpractice claims in Indiana is generally two years from the date of the incident. However, exceptions may apply:

• For foreign objects left in the body, the two-year period may begin when the object is discovered.
• For children under six years old, claims can be filed until their eighth birthday.
• In some cases where the injury wasn't immediately known, the "discovery rule" may extend the deadline.

Typically, missing this deadline means permanently losing your right to seek compensation — that’s why it’s important to speak to an attorney now.

Compensation Available in Medical Malpractice Cases

Depending on the case, victims of medical negligence may recover the following losses:

• Additional medical expenses: Costs of corrective procedures, rehabilitation, and ongoing care needed to address the harm caused.
• Lost income: Wages lost during recovery and any reduction in future earning capacity resulting from the injury.
• Pain and suffering: Compensation for physical pain.
• Emotional distress: Recognition of psychological trauma, including anxiety, depression, and loss of enjoyment of life.
• Permanent disability: Damages for lasting limitations caused by the medical error.
• Disfigurement: Compensation for scarring or other permanent visible impacts.
• Loss of consortium: Recognition of the effects of the injury on the patient’s relationship with their spouse.

When a medical error is fatal, the patient’s family may pursue a wrongful death claim seeking compensation for medical costs, funeral expenses, lost financial support, and loss of companionship.

3 Stages in the Medical Malpractice Claim Process

Successfully pursuing a medical malpractice claim involves three stages.

1. Initial Case Evaluation

We begin with a thorough review of your medical records to identify potential negligence:

• Obtain and analyze all relevant medical documentation
• Consult with medical experts about whether the standard of care was followed
• Determine how to prove that the provider’s negligence caused your injuries
• Assess the likely value of your claim within Indiana's cap structure

If we believe that your case meets the legal and medical criteria for a viable malpractice claim, we can move forward to the next stage.

2. Medical Review Panel Submission

Next, we’ll request that a medical review panel consider your complaint. We’ll gather evidence to submit to the panel, such as:

• A detailed narrative of the events
• All relevant medical records and imaging studies
• Medical literature supporting our standard of care argument
• Reports from consulting experts
• Evidence of your losses, including any ongoing medical needs

The panel will have up to six months to review this evidence.

In some circumstances, cases can be filed directly in court without panel review. For example, this may be possible if the value of your case is not very large.

3. Settlement Negotiations or Litigation

If the panel finds in your favor, the healthcare provider will probably be more willing to offer a fair settlement, and we’ll use this to your advantage at the negotiating table.

What happens if the medical review panel decides that the provider upheld the standard of care? We may still believe that the evidence is strong enough to take your case to court. However, the court will have access to the panel’s opinion, which will likely weaken your claim.