Award-Winning Medical Malpractice Attorneys Serving Indianapolis

Last updated on September 17, 2024

At Langer & Langer, our commitment to justice and client well-being guides our every action. Located in Valparaiso, Indiana, we extend our services to people in Indianapolis and throughout the state who have been harmed by medical malpractice.

This page is designed to provide you with essential information about medical malpractice and how our law firm can assist you if you suspect that you or a loved one has been the victim of it.

Do You Have A Medical Malpractice Case?

Understanding whether you have a valid medical malpractice case requires examining specific medical treatment.

Medical malpractice occurs when a health care provider deviates from the standard of care expected in the medical community, harming or injuring a patient.

These cases hinge on whether it can be proven that the provider failed to act as a reasonably competent provider would have under similar circumstances.

How Is Medical Malpractice Proven?

To establish medical malpractice or negligence, your lawyer will need to demonstrate:

1. Duty of care: The health care provider had a duty to provide competent care.
2. Breach of duty: The provider failed to meet the accepted standard of care.
3. Causation: This breach of duty caused your injury.
4. Damages: You suffered damages (physical, emotional, financial) as a result of this breach.

This typically requires testimony by medical experts, who can attest to what a competent health care provider would have done under similar circumstances.

Common Examples Of Medical Malpractice

Medical malpractice can take many forms, each of which can drastically alter a patient’s life. Here are some common scenarios:

• Misdiagnosing or failing to diagnose an illness: When serious conditions are misdiagnosed, or not diagnosed at all, patients can miss critical treatment opportunities, which can lead to severe complications or death.
• Incorrect prescription or dosage of medication: Providing the wrong medication or dosage can result in significant adverse effects or failure to treat the condition, causing further health issues.
• Surgical errors: These include operating on the wrong part of the body, performing the wrong procedure, or leaving surgical instruments or sponges inside the patient.
• Birth injuries: Misuse of medical devices like forceps or failure to monitor the baby’s and mother’s vitals during delivery can result in lifelong disabilities.
• Failure to warn a patient of known risks: Patients must be informed of potential risks in any proposed medical treatment to make an informed decision about their health care.

If you suspect you may have been harmed by medical malpractice, sit down with one of our lawyers for a free consultation. We have significant experience in these cases and can give you some answers.

How Common Is Medical Malpractice?

Here are some statistics that provide insight into the frequency of medical malpractice and the challenges of pursuing such cases:

• National perspective: Medical errors are the third leading cause of death in the United States. Estimates suggest that around 225,000 people die each year from some form of medical malpractice. Despite this staggering number, only about 2% of victims choose to pursue legal action. This low percentage can be attributed to a lack of awareness about legal rights and the daunting challenges associated with proving malpractice.
• Medication errors: According to The Institute of Medicine, medication errors affect approximately 1.5 million patients annually. These errors can range from the minor to the severe, affecting patient health and, in some cases, leading to death.
• Surgeons and litigation: Data from the U.S. Bureau of Justice Statistics indicates that about half of all medical malpractice cases involve surgeons, underscoring the risks associated with surgical procedures.
• Repeat offenders: Interestingly, a small percentage of doctors are responsible for a disproportionate number of malpractice payouts. According to the National Practitioner Data Bank, 5% of doctors account for 54% of all payouts, highlighting a potential issue with repeat offenders within the medical community.

Indiana-Specific Statistics

• Annual claims: On average, around 940 claims of medical malpractice are filed each year in Indiana. However, the number of claims that result in payouts ranges between 130 and 175 annually, as reported by the Indiana Patient’s Compensation Fund.
• Cap on damages: Indiana has a cap of $1.8 million on the total damages that a victim can pursue in a medical malpractice claim for injuries occurring after June 30, 2019. This cap can influence the decision to pursue a lawsuit due to potential limitations on financial recovery.

These statistics highlight the complexities of medical malpractice both nationally and in Indiana. They underscore the importance of patient safety and the need for a legal framework that adequately supports victims of medical negligence.

If you suspect that you or a loved one has been affected by medical malpractice, it is crucial to seek knowledgeable legal counsel. At Langer & Langer, we are committed to providing the support and legal knowledge necessary to address these serious concerns.

How Is A Medical Malpractice Claim Filed?

Filing a medical malpractice claim is a structured process that involves several key steps:

• Gathering evidence: This includes all medical records, testimonies, and expert opinions that support the claim of negligence.
• Filing the claim with the Indiana Department of Insurance: Medical malpractice claims in Indiana are initially filed with the Department of Insurance. Your attorney will help draft and file the necessary legal documents to initiate the lawsuit.
• Request a medical review panel: For claims greater than $15,000, a medical review panel will examine the case before allowing it to continue.
• Notifying the defendant’s insurance provider: This is intended to give the doctor, hospital or other health care provider the chance to settle out of court.
• Filing the claim in court: Medical malpractice claims cannot be filed in court without the previous steps.
• Discovery phase: Both sides investigate the other’s legal claims and defenses.
• Negotiation: Before going to trial, there is often a phase where both sides may try to reach a settlement.
• Trial: If a settlement is not reached, the case will go to trial, where a judge or jury will determine the outcome.

Settlement is possible at each step of the process. It is your medical malpractice attorney’s job to help you estimate your total losses, present and future, to ensure that any settlement offer is fair and in your best interest.

How Long Do You Have To File A Claim?

In Indiana, the statute of limitations for medical malpractice claims is generally two years from the date the malpractice occurred. However, there are exceptions, and the specifics of your case could affect this period. Prompt consultation with an attorney is crucial to avoid being barred from filing due to a missed deadline.

What Damages Are Available To You?

Victims of medical malpractice can typically seek several types of compensation, including but not limited to:

• Medical bills: Costs for past and future medical treatment resulting from the malpractice.
• Lost wages: Compensation for income lost due to the inability to work, including future earnings.
• Pain and suffering: Compensation for physical pain and emotional distress.
• Punitive damages: In certain cases where the health care provider’s actions were intentional and particularly obvious, additional compensation aimed at punishing them may be awarded.

We can help you determine what damages occurred and, if applicable, may still occur in the future. We can also give you a sense of what you might expect as compensation for your pain and suffering.

Why Choose Our Law Firm?

At Langer & Langer, we pride ourselves on providing personalized and thorough legal representation. Our attorneys are deeply knowledgeable about medical malpractice law and are committed to achieving accountability and securing the compensation you need to recover. We empathize with the confusion and frustration that often accompanies medical injuries and strive to make the legal process as transparent and supportive as possible.

Get A Free Case Review Right Away

If you believe that you or a loved one might be a victim of medical malpractice in Indianapolis, please reach out to us. From our base in Valparaiso, we are dedicated to serving clients in Indianapolis and across Indiana with diligence and compassion.

Contact Langer & Langer today for a free, no-obligation case review. Call 219-246-4759 or contact us online. Let us help you take the first step towards healing and justice.