Indianapolis is home to at least 20 hospitals and dozens more medical facilities and doctors’ offices. The prevalence of so many medical practices leads to many medical malpractice claims and, as a result, many malpractice lawyers. If you or someone you love was recently injured by a doctor or other medical professional, understanding your rights and options, including choosing an attorney, can feel overwhelming. Our Indianapolis medical malpractice lawyers have extensive medical malpractice experience. Let us help.
What Is Medical Malpractice?
Medical malpractice refers to medical negligence or substandard care by a doctor or other healthcare professional, resulting in injury to a patient. Medical malpractice is a legal cause of action or a lawsuit filed by an injured patient or someone on their behalf against the doctor or medical professional responsible for the negligent conduct. Their actions or omissions must be the cause of your injury. In other words, the doctor must have deviated from the accepted standards of medical practice in their field.
Statutes of Limitations for Medical Malpractice in Indiana
A statute of limitations exists in almost every legal proceeding, including medical malpractice lawsuits. They often vary among states and case types. A statute of limitations refers to the legal timeframe for filing your civil complaint.
In Indiana, you generally have only two years from when your medical provider injures you to bring a medical malpractice claim.
This short time frame can bar potential plaintiffs from pursuing a medical lawsuit and leave them with little to no recourse.
A two-year deadline can pose challenges for a medical malpractice victim because sometimes you are unaware of the injury or have not realized that the injury is related to the previous medical treatment you received. Many states have implemented the discovery rule, which means the statute of limitations will not begin to run until the patient discovers their injury or reasonably should have discovered their injury. However, Indiana courts apply the discovery rule conservatively. In other words, they may only extend filing deadlines because the medical malpractice was not immediately discovered in rare circumstances.
If you miss that two-year window, you may lose your right to seek compensation.
If you suspect you may have been the victim of medical malpractice, don’t wait to pursue your options. Meet with one of our experienced medical malpractice lawyers in Indianapolis to review your case.
Who Can Be Held Liable for Medical Malpractice?
The most apparent defendants in medical malpractice cases are doctors. While doctors make up a large percentage of medical defendants, many other healthcare professionals may be liable for your injury. Many other medical providers may be defendants in a medical suit, and having multiple defendants in your case is possible.
Ultimately, any healthcare professional who owed you a duty of care and deviated from that standard can be liable for your injury and harm. Potentially liable defendants might include:
- Outpatient or same-day surgery centers, and
A knowledgeable and skilled lawyer will help you identify and investigate all potentially liable parties.
Types of Medical Malpractice Cases Our Indianapolis Medical Malpractice Attorneys Handle
At Gerling Law, we have dedicated much of our practice to medical malpractice. Below are three types of medical malpractice cases we handle. However, this list is not exhaustive. Contact us for a free case evaluation if you are injured by any medical negligence.
Emergency rooms are often fast-paced, understaffed, and at maximum capacity. Coupled with often overworked physicians, nurses, technicians, and other medical staff, it can be a perfect storm for mistakes and omissions. Examples of ER malpractice can include:
- Charting errors,
- Subpar patient monitoring,
- Medication administration mistakes,
- Incorrect diagnoses, and
- Failure to diagnose.
Unfortunately, a mistake in the emergency room can have a domino effect. A minor injury can cascade into severe, potentially permanent harm.
Perhaps some of the most vulnerable patients to medical errors are surgical patients because they are usually incapacitated and unconscious during the procedure. Common surgical errors include:
- Wrong-site mistakes,
- Post-operative infections,
- Objects left behind in the patient, and
- Implanting a defective or recalled device.
There are protocols in place to avoid surgical malpractice, such as time-outs and taking inventory of tools and equipment, but sadly, that does not always prevent mistakes.
Medication errors include administration of the incorrect medication, administration of the wrong dosage, and failure to document any allergic reactions or adverse effects. Medication errors are common and can occur because of the negligence of a physician, nurse, or both.
Most medical malpractice lawsuits are complex and often involve defendants with deep pockets, significant insurance policies, and the ability to hire top-notch defense attorneys. Do not let this discourage you from pursuing your claim. Let our experienced team advocate for you.
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Over $500 Million in Recoveries
I had a great experience with Robert Rock as my attorney. The Gerling Law team has been fantastic throughout the process. Everything went really great- super smooth! - Linda B
Medical Malpractice Attorneys in Indianapolis, IN
At Gerling Law, we have recovered over $500 million for victims throughout the tri-state area. We understand how difficult it is to be harmed by a doctor you trusted and how quickly expenses can pile up while navigating a severe injury. Contact us today to schedule a compassionate, no-obligation consultation with our experienced team.