Indiana Medical Malpractice Lawyers
Valparaiso Medical Malpractice Lawyers
If you were injured at the hands of a negligent medical provider in Indiana, the experienced medical malpractice lawyers at Langer & Langer can help you recover payment for medical bills, lost wages, pain and suffering and more.
If you suffered injuries because of a negligent doctor, call an Indiana medical malpractice lawyer at Langer & Langer at 219-246-4759.
Why Choose the Medical Malpractice Lawyers at Langer & Langer
We have provided legal representation to hundreds of medical malpractice victims.
- A completely confidential case review
- Counsel from award-winning lawyers with respected reputations
- Guidance from injury attorneys with over 100 years of combined legal experience
- Thorough and detail-oriented legal representation
What Is Medical Malpractice in Indiana?
Medical malpractice is more than simply a negative outcome in a doctor’s office, emergency room, nursing home, or hospital, and it takes more than a minor medical mistake to have grounds for a malpractice claim or lawsuit. Medical malpractice occurs when a patient suffers significant injuries or dies because of a medical professional’s negligent acts or omissions.
According to Indiana’s laws, for a medical malpractice case to exist, four elements must be present.
1.
Duty of Care
An established relationship between the medical professional and the patient must have existed when the injury occurred. In most cases, the provider-patient relationship is formed when the patient seeks medical treatment and the doctor provides the treatment.
2.
Breach of Duty
Medical professionals must use reasonable care in treating a patient. They must be careful. When a health care professional fails to do so, he or she is said to have breached the duty of care.
3.
Causation
Health care professionals and medical facilities cannot be held liable for all injuries that happen in clinics and hospitals. To be held legally responsible for damages, the medical provider’s negligent act or omission must have been a cause of the patient’s injuries or death.
4.
Damages
Some medical errors are annoying and inconvenient. Others, like those that cause serious or permanent injury, can leave victims and their families seriously affected. For a medical malpractice claim to be valid, the patient must have suffered significant harm that resulted in economic damages, like medical bills or lost wages, or noneconomic damages like pain and suffering, and permanent injury.
Filing a Lawsuit for Medical Malpractice in Indiana
Who May Be Responsible for Medical Malpractice?
Any medical professional who commits an act of negligence and causes harm to a patient may be responsible for injuries caused by medical malpractice. An Indiana medical malpractice attorney at Langer & Langer may be able to help you recover damages from:
- Anesthesiologists
- Birthing centers
- Dentists
- Doctors
- Health care clinics
- Hospitals
- Lab technicians
- Nurses
- Pharmacists
- Physical therapists
- Physician’s assistants
- Psychiatrists
- Psychologists
- Radiologists
- Surgeons
- Surgical centers
- Urgent care centers
Where Does Medical Malpractice Occur?
Medical malpractice can occur in any health care setting. Our medical malpractice lawyers have handled cases involving patients who were injured in:
- Ambulances
- Doctor’s offices
- Emergency rooms
- Health care clinics
- Hospitals
- Nursing homes
- Scene of car accidents
- Surgical centers
- Urgent care clinics
Types of Cases Our Medical Malpractice Lawyers Handle
Medical negligence cases can arise under a wide range of circumstances. Some of the most common types of cases our medical malpractice lawyers see involve:
Birth Injury
Medical mistakes that happen during the birthing process can cause permanently disabling or deadly injuries to the mother and the child. When the medical team fails to properly monitor the baby or mother, does not act quickly when signs of distress are evident, administers the wrong medication, or makes a mistake while delivering the baby, all parties who act negligently can be held liable for damages when the victim files a claim with Indiana birth trauma attorneys in Valparaiso. Common conditions caused by birth injuries include intellectual disability, cerebral palsy, shoulder dystocia, oxygen deprivation and death.
Diagnostic Errors
Some of the most common types of medical malpractice claims filed with injury attorneys involve diagnostic errors. These errors occur when a physician fails to identify a medical condition or misidentifies a condition as something else. A misdiagnosis may be caused by misinterpreting imaging, When a missed diagnosis or mistaken diagnosis occurs, the patient may be subjected to unnecessary medications and procedures that can leave long-term or permanent effects on his or her health, physical and mental well-being. The failure to diagnose a serious, life-threatening condition like cancer, pulmonary embolism, stroke or heart attack can have deadly consequences.
Emergency Room Errors
Heart attacks, asthma, aneurysm, car accidents, gun shots, and life-threatening conditions send a steady stream of patients to the ER nearly every shift. Emergency room doctors, nurses, and other ER workers must act quickly to accurately diagnose and properly treat patients. Such urgency, especially when combined with labor shortages, significantly increase the risk of triage and emergency room errors. It is not uncommon for medical malpractice lawyers to handle cases involving missed or delayed diagnoses, medication errors, delayed treatments, premature discharges, and communication errors that occur in the ER.
Errors in Communication
The fact that medical professionals frequently fail to ensure communication with other healthcare providers, staff members, and patients is clear. They are often neglect to pass on important information, failing to report test results, or read reports when completing patient transfers or beginning or ending their shifts. Communication breakdowns are a contributing factor in approximately 30% of malpractice cases handled by injury attorneys in the United States.
Medication Errors
When a doctor, nurse, or pharmacist makes medication errors, like writing the wrong prescription administering the wrong dose, or failing to detect drug interactions, it can be detrimental to a patient’s health. Medication errors can result in birth injury, permanent disability, brain injury, life-threatening situations, severe allergic reactions, and wrongful death. Although barcode scanning and other technology has reduced the number of medication errors in hospitals and other healthcare settings in recent years, these preventable mistakes are still commonly seen by medical malpractice lawyers in Indiana.
Nursing Home Abuse
Not all forms of nursing home abuse and negligence constitute a medical malpractice claim or lawsuit. To qualify as medical malpractice, the nursing home resident must have been injured while receiving substandard medical care. If a resident suffers injuries and abuse or negligence is a cause, the medical malpractice lawyers at Langer & Langer can help the victim recover compensation for medical bills and other losses by filing a claim against the nursing or responsible facility for nursing home abuse.
What Damages Can Be Awarded in Indiana Medical Malpractice Cases?
In Indiana, three types of damages may be awarded in medical malpractice lawsuits.
General Damages
General damages, also referred to as non-economic damages, are often difficult to quantify. These type of damages are generally a jury question and need not be reduced to a fixed rule or mathematical certainty.
Special Damages
Special damages, commonly known as economic damages, are monetary expenses that are caused by the medical malpractice. They include things such as medical bills, lost wages, medication costs, and the cost of medical equipment. These damages are calculated by reviewing documentation like billing statements and receipts.
Punitive Damages
Unlike general and special damages, which are meant to compensate the victim for his or her losses, punitive damages focus on punishing the defendant and preventing similar acts or omissions in the future. Punitive damages can only be sought when the medical negligence was outrageous, but in Indiana 75% of punitive damages goes to the state and 25% to the injured person.
Frequently Asked Questions About Medical Malpractice
Our injury lawyers have the answers to the most frequently asked questions about medical malpractice.
Do I need an Indiana medical malpractice attorney to file a claim?
Although you are not legally required to hire an Indiana medical malpractice attorney when filing a claim, medical malpractice claims are complicated and require special expertise. Medical malpractice lawyers often have access to medical experts and other important resources that can significantly improve your chances of winning your claim.
How long do I have to file a medical malpractice claim in Indiana?
The statute of limitations for medical malpractice cases in Indiana is generally two years from the date the incident occurred. Exceptions exist. Different deadlines may apply in cases involving children or people who discovered the medical negligence at a later date.
Is there a cap on medical malpractice damages in Indiana?
Yes. For medical malpractice that occurred on or after July 1, 2019, the cap on damages is $1.8 million in Indiana.
Call 219-246-4759 or contact us online to schedule an initial consultation with a medical malpractice lawyer at Langer & Langer.
