What Are Different Examples of Medical Malpractice?

Medical malpractice happens when doctors, hospitals, and other health care professionals act with negligence, causing serious harm to their patients. One study from the National Library of Medicine estimates that medical mistakes could account for more than 250,000 deaths annually in the United States, making medical negligence among the top five leading causes of death in the country.

Examples of medical malpractice cases include, but are not limited to, the following:

  • A delayed diagnosis occurs when a doctor or physician takes too long to determine the underlying problem that a patient is facing. In cases where there is a delayed diagnosis, it could be too late to address the issues and ensure the well-being of the patients
  • Anesthesia errors can cause lasting consequences and complications, including brain injuries, chronic pain, and, in some cases, death.
  • Birth injuries, such as nerve damage, spinal cord injuries, cerebral palsy, and shoulder dystocia, are among the most common medical malpractice claims filed against OBGYNs
  • Failing to treat or prevent infections. An infection may arise due to unsanitary conditions in the hospital setting or unsterilized equipment. Failure to keep a health care clinic clean and safe for patients could be considered medical negligence
  • Failure to provide adequate medical treatment for a diagnosed condition. Examples may include early discharge of patients, failure to provide proper follow-up care, and failure to provide an acceptable standard of care necessary for specific conditions
  • Misdiagnosis of health conditions or issues that patients are contending with. In some cases, inaccurate diagnosis can be deadly, as it can affect the treatment provided and the timing of offering that medical treatment
  • Prescription drug errors, which can sometimes go hand in hand with a medical misdiagnosis, or otherwise deal with the incorrect prescription, too much medicine, or filling the wrong prescription medication
  • Surgical errors, including unnecessary surgeries, performing the procedure on the wrong body part, inadequate aftercare, medical equipment left inside the patient, or unsterilized surgical instruments, are examples of medical negligence. While every surgery comes with risks, the recklessness or negligence of a surgeon should not be one of them

How Do You Prove Negligence in a Medical Malpractice Case?

In the context of a medical malpractice case, negligence refers to a health care provider’s failure to provide adequate or reasonable standards of care that should be expected by other professionals in their chosen field.

Medical negligence involves establishing four key elements. 

Any medical malpractice lawsuit must establish that a health care provider owed a duty of care to their patient. The standard of care is whatever level of care should be reasonably expected from a competent health care professional under similar circumstances.

Once the duty of care has been established, the next step in proving negligence is demonstrating that the health care provider breached their duty. Improving a breach of duty of care often involves showing that the actions or inactions deviated from accepted standards of care by health care professionals of similar skills.

Causation is another important step in proving negligence. This step requires establishing a direct link between the breach of duty of care and the resulting injuries to the patient. Other medical professionals’ testimony may be necessary to help connect the dots between the negligent actions and the resulting harm. 

The final step of a medical malpractice claim is for the plaintiff to have suffered actual harm or damages because of medical negligence. Damages could include emotional distress, physical injuries, additional medical expenses, and other financial losses or non-economic damages associated with the medical malpractice case. 

What Are the Steps to Filing Medical Malpractice Lawsuits in Indiana?

If you are the victim of medical malpractice, you need to take specific steps to strengthen your case and increase the potential for recovering financial compensation. Seek medical treatment for injuries or other health issues and follow all medical advice. Consult with medical malpractice lawyers about your case and the potential of recovering compensation. Gather any potential evidence to help support your claims. And finally, refer the at-fault parties to your attorneys.

Filing medical malpractice claims requires gathering medical records and evidence promptly to ensure that the evidence does not deteriorate or disappear. Evidence may include affidavits from medical professionals stating that the evidence proves your case has merit, past and present medical records, and testimony from witnesses. 

A medical malpractice claim must be filed within two years of the incident or the discovery of the injuries. You must file a complaint with the Indiana Department of Insurance commissioner, which will notify the at-fault party that you are filing a claim against them. 20 days after filing your claim, you can request that your case be evaluated by a medical review panel of three medical professionals. If your claim is against only one health care provider, then at least two of the three health care panel members must practice in a medical specialty similar to the defendant’s. If your claim is against multiple defendants, panel members will be chosen in ways that are deemed appropriate. After the panel reviews your complaints, you can decide whether to proceed to court. While the medical panel’s report is not a legal judgment in your case, it can be admissible in the courtroom, and the panel members could be called as expert witnesses during a trial.

What Are Potential Recoverable Damages in a Successful Case?

With a valid case, seeking justice and financial recovery for injuries and other consequences of medical negligence is possible.

Indiana imposes a cap on medical malpractice claims, meaning that there is a ceiling on how much you can recover from the health care provider’s personal assets.

Potential financial compensation may include the following:

  • Medical bills and rehabilitation expenses related to medical malpractice injuries
  • Lost wages
  • Physical pain and suffering compensation
  • Disfigurement, dismemberment, or disability compensation
  • Loss of companionship, guidance, or consortium
  • Diminished quality or enjoyment of life
  • Wrongful death damages, including lost benefits, lost income, emotional distress, funeral expenses, burial expenses, and memorial expenses

Contact Our Indiana Law Firm to Schedule a Free Consultation with Our Experienced Personal Injury Lawyers Today

So long as you are able to prove that a professional doctor-patient relationship existed and that the physician breached their duty of care, thus resulting in serious harm and real damages befalling the victim, you may have a valid medical malpractice claim. To discuss your case in more detail, please get in touch with our Indiana law office.

Schedule your free case evaluation today by contacting our Indiana personal injury attorneys at 765-684-4355.