Tag Archives: medical malpractice Indiana

Navigating Indiana’s Statute of Limitations for Medical Malpractice

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Medical malpractice claims can be daunting, not only due to the intricate nature of the medical procedures involved but also the legal complexities that abound. Particularly in Indiana, understanding the statute of limitations for these claims is imperative. This blog will help guide you through the labyrinth of Indiana’s specific rules and timelines related to medical malpractice claims.

Our goal is to arm you with the knowledge necessary to protect your rights and navigate the legal waters with confidence. Whether you are a patient who feels they’ve been wronged or a medical malpractice lawyer seeking clarity, stick with us to unravel the nuances of Indiana’s statute of limitations for medical malpractice.

Call 317-881-2700 to Speak With a Medical Malpractice Lawyer Near Indianapolis
Call 317-881-2700 to Speak With a Medical Malpractice Lawyer Near Indianapolis

Statute of Limitations Definition

Before delving into Indiana’s specifics, let’s first understand the term ‘statute of limitations.’ Simply put, it is a legal time limit within which you can file a lawsuit. Every state has its own set of rules and timelines for different types of cases, including medical malpractice claims. These laws are in place to ensure that cases are brought forward in a timely manner, and evidence is still fresh and obtainable.

Indiana’s Statute of Limitations for Medical Malpractice Claims

In Indiana, the statute of limitations for medical malpractice claims is normally two years from the date the alleged malpractice occurred. This means you have two years to file a lawsuit against the healthcare provider responsible for your injuries. However, there are exceptions to this rule that could extend or shorten the time limit.

Exceptions to Indiana’s Two-Year Rule

Discovery Rule: If you discover the medical malpractice after the two-year deadline has passed, you may still have a case. The discovery rule applies in situations where the injury was not discovered immediately but rather, later on when symptoms arise. In these cases, the two-year clock starts ticking from the date you discovered or reasonably should have discovered the malpractice.

Continuous Treatment: If you were undergoing continuous medical treatment from the same healthcare provider for your initial injury, the statute of limitations may be extended to three years from the last date of treatment. This exception can also apply if the continuous treatment was for a related condition or injury.

Minor Children: In personal injury cases involving minor children, the statute of limitations does not begin until the child turns 6 years old. So, if your child was injured due to medical malpractice at the age of 2, you normally have until they turn 8 to file a lawsuit.

Foreign Objects: If a foreign object (such as a surgical sponge) is left inside a patient’s body during surgery, the statute of limitations does not start until the object is discovered or should have been discovered.

Statute of Repose

In addition to the two-year and exception rules, Indiana also has a statute of repose that could impact your medical malpractice claim. The statute of repose sets an absolute deadline for filing a lawsuit, regardless of any exceptions. In Indiana, the statute of repose for medical malpractice claims is seven years from the date of the alleged malpractice, but every case needs to be looked at individually.

Why It’s Important to Adhere to Indiana’s Statute of Limitations

Failing to adhere to Indiana’s statute of limitations can result in your case being dismissed without ever being heard. This means you may lose your right to seek compensation for your injuries and damages. It is essential to consult with a medical malpractice lawyer as soon as possible if you believe you have a case.

Key Takeaway

Navigating Indiana’s statute of limitations for medical malpractice claims can be challenging, but understanding the rules is crucial. The key takeaway is that the deadline to file a lawsuit is typically two years from the date of the alleged malpractice, but exceptions may apply. To ensure your rights are protected and you have the best chance at a successful outcome, it’s crucial to seek legal advice as soon as possible.

Don’t let Indiana’s statute of limitations be a roadblock in your pursuit of justice for medical malpractice. Choose the Law Firm of Craven, Hoover, and Blazek P.C. for expert personal injury representation for medical malpractice claims in Indianapolis, Indiana. Contact us at 317-881-2700 to schedule a free initial consultation with a seasoned accident attorney who can provide all the information you need to move forward from your injury. We represent injured victims throughout Indiana, including Indiana residents injured or killed in other states.

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Is a Misdiagnosis Considered Medical Malpractice?
What to Expect from a Medical Malpractice Lawsuit in Indiana
Do I Have a Valid Medical Malpractice Claim?

Is a Misdiagnosis Considered Medical Malpractice?

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Medical malpractice lawsuits are incredibly complex legal cases that require the specific and comprehensive knowledge of a seasoned medical malpractice attorney in Indiana. When asking about a correlation between incorrect diagnoses and malpractice, the answer is muddled with varying factors. Determining whether a misdiagnosis is grounds for a medical malpractice lawsuit or not requires expert testimony.

Continue below to learn what you need to know about medical misdiagnoses and medical malpractice laws in Indiana, plus where to get trusted personal injury legal advice near you.

Medical Malpractice Attorneys Indianapolis Indiana 317-881-2700
Medical Malpractice Attorneys Indianapolis Indiana 317-881-2700

Medical Misdiagnoses Can Be Seriously Harmful to Patients

A medical misdiagnosis a wrong diagnosis or a delayed diagnosis, both of which can be very dangerous to a patient’s physical and mental health. After being wrongly diagnosed, a patient can endure serious physical and mental harm as a result of incorrect treatments and medications, or delayed treatment. Diagnostic errors are bound to happen, and when they do, there can be very serious consequences.

An article was published a few years back in the popular medical journal, Diagnosis, discussing diagnostic errors and the impact it has on patients and their families. According to the data in the article, out of all medical malpractice claims that arise because of a patient’s death or permanent disability, virtually 34% were due to incorrect or delayed medical misdiagnoses. This 2019 diagnostic error study is especially fascinating because it covered a 10-year period that examined 28.7% of closed medical malpractice cases in the United States. Of these medical malpractice cases, it was found that over 11,500 diagnostic error claims were made by patients, and 75% of them based upon serious and potentially fatal diseases like cancer, vascular events (heart attacks, stroke, etc.), and infections.

Suing for a Medical Misdiagnosis

Doctors generally base their diagnoses on lab results, symptoms, and medical baselines and precedents. Because medical misdiagnoses are not always considered negligence, wrongfully diagnosed patients do not always have grounds for a medical malpractice lawsuit. In order for a patient to sue a hospital, medical facility, or physician for being misdiagnosed, the misdiagnosis must be negligent. In the case that a physician or medical facility took all of the reasonable steps to properly diagnose a patient, they cannot be held legally liable under medical malpractice laws if the diagnosis is incorrect.

To protect yourself from being medically misdiagnosed, be sure to have questions prepared for your physician prior to your doctor’s appointment. Do not be afraid to speak up and seek out information regarding your diagnosis, testing, treatments, and care. Furthermore, it is important to be an active member of your treatment plan by being honest with your doctor and providing them with all medical records.

Do you believe that you or a loved one is a victim of medical malpractice due to a diagnostic error? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced medical malpractice lawyer in Indianapolis, Indiana. Our personal injury attorneys represent clients throughout the state. We can hold consults over the phone or online via video conference.

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Did an Unnecessary Surgery Cause You to Suffer More Health Complications?
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Medical Malpractice and Surgical Error Lawsuits

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Medical Malpractice Lawyers 317-881-2700

Medical Malpractice Lawyers 317-881-2700

Surgery is meant to improve or enhance a patient’s quality of health, life, and well-being. But what happens when a surgery isn’t necessary, and worse, causes injury or suffering to a person? This could possibly be an example of a medical malpractice case depending on the circumstances. It is rare and difficult to prove a medical malpractice case because not all surgeries are guaranteed, protecting doctors and hospitals from becoming targets of malpractice lawsuits.

On the other end of the spectrum, medical malpractice is a real thing and can happen to anyone. A common question about malpractice claims regards the extent of which a surgery was actually needed or necessary. Many patients of “unnecessary surgeries” are wondering if they have a valid claim against their doctors, surgeons, and medical organizations; especially if their surgery caused them extensive pain, suffering, and other damages, or went wrong in some way or another. Continue reading to learn a few brief facts about medical malpractice law and more.

Medical Malpractice Surgery

More than 40 million surgeries are performed each year. With numbers like these, there has to be a fraction of surgeries that have caused patients’ injuries or death. And although millions of operations are undergone year after year, not all of them are actually necessary. In fact, nearly half of all surgeries are not “necessary.” Many are cosmetic, voluntary, requested, and more. And many others are fully disclosed as tentative or trial operations to see if they can improve or enhance a person’s life and health. This is especially true for people with cancer, chronic health conditions, and orthopedic restrictions and complications.

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Accident Lawyers 317-881-2700

Since surgery comes with certain risks, patients take on a certain degree of personal responsibility in opting or agreeing to it. This protects doctors and hospitals from medical malpractice lawsuits so long as they did their part one hundred percent accurate and correct. If a surgery causes complications like blood clotting, damage to organs, hemorrhaging, or other exemplary risks, a lawsuit will not hold up in court. This is because the surgery causes these damages, not the negligence of the doctor, surgeon, or hospital. On the other hand, if a doctor or surgeon uses the wrong instrument, or makes a surgical error, (like removing the right kidney instead of the left), then a patient will most likely have a valid and strong medical malpractice claim.

Malpractice law is very tedious and complicated, which is why it is strongly encouraged to seek professional legal counsel from a licensed and experienced personal injury lawyer. They retain the knowledge and facts to answer all your questions and make you feel comfortable moving forward with a claim. Trust an accident attorney for all aspects of your medical malpractice case.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about medical malpractice in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek can answer all your questions about malpractice lawsuits, surgical errors, personal injury claims, and more. We offer free initial consultations never charge attorney fees unless we prevail for you. Call 317-881-2700 and speak with an Indianapolis personal injury lawyer, today.

Is an Unfortunate Medical Outcome Necessarily Medical Malpractice?

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Medical Malpractice Lawyers 317-881-2700

Medical Malpractice Lawyers 317-881-2700

Medicine and medical care is, without a doubt, one of the most delicate and complicated industries. No matter how proficient or well-versed a physician or surgeon may be, it is inevitable that at some point in their career, they will experience at least once unsuccessful treatment or medical case. All doctors and superintendents in the medical field are well-aware that not all cases can be successful or treated; and the law comprehends this notion as well.

This protects hospitals and physicians from medical malpractice lawsuits in the case of a tragic and unfortunate medical outcome. If a patient perishes or becomes more ill from a particular treatment or illness, it is not always immediately connected to medical malpractice.

Medical Malpractice Lawsuits

When it comes to a medical malpractice lawsuit, courts and lawyers work diligently, using a methodical approach, to investigate the circumstances of a patient’s treatment, illness, or death. It is their jobs to distinguish the difference between an unexpected or inevitable misfortune, and actual medical malpractice. There are standards of care in the wider medical community, and these standards are how the law identifies medicine malpractice cases. So if doctors or personnel fail to meet these standards and a tragedy occurs, then malpractice may be at play. In this case, families may be entitled to compensation for wrongful death and medical malpractice, and encouraged to pursue a lawsuit.

When it comes to medical mistakes or surgical errors, these cases are rarely cut and dry. In order to accurately assess and investigate the underlying circumstances and causes of such errors, families need a skilled and seasoned Indianapolis medical malpractice attorney to evaluate their case.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call 317-881-2700 to schedule a free initial consultation with a licensed and highly accomplished medical malpractice lawyer in Indianapolis, Indiana. Attorney Daniel Craven, and his fellow colleagues, are extensively well-versed in medicine malpractice law and will work fervently to recover the compensation your family deserves after suffering a loss or wrongful death. We provide all-inclusive customer support and never collect lawyer fees unless we obtain compensation for you. Call 317-881-2700 for more information about filing a medical malpractice lawsuit in
Indianapolis, IN today.

Can Anti-Depressants Cause Birth Defects if Taken During Pregnancy?

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Medical Malpractice Attorneys 317-881-2700

Medical Malpractice Attorneys 317-881-2700

Many people are prescribed thousands of medications and treatments for infinite conditions and illnesses. One of the most common prescription drugs fall into the category of anti-depression medications. Anti-depressants have been used to treat emotional and mental illnesses in men, women, and children for several years, all over the world. They are generally prescribed by family and psychiatric doctors.

When it comes to these kinds of prescriptions, there has been a lot of talk about their effects on pregnancies in women. Families want to know if anti-depression medication can be linked to birth defects in newborn babies. We all know that pregnancy is a challenging and emotional time for a woman. For women who suffer from depression, most of the time a standard anti-depressant is prescribed to treat the condition. Although this has been a common practice in the medical world, there is now new studies that may prove that these drugs have the potential to cause birth defects and severe health complications if taken while pregnant.

SSRI’s and Birth Defects

There are many anti-depression medicines, many of which include SSRI’s or selective serotonin reuptake inhibitors. Several of these medications, as well as other non-SSRI anti-depressants, have been linked to birth defects when taken during a woman’s pregnancy. Unfortunately, due to the inconclusiveness of many studies, the medical communities are simply unsure on whether or not the link actually exists. This means doctors and psychiatrists are still prescribing pregnant women who are suffering from depression and anxiety, anti-depression medication.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

There is, however, evidence that one common type of anti-depressant causes a rare lung and heart condition in newborns. They are specific SSRI’s that include medications like Prozac, Celexa, Lexapro, Luvox, Zoloft, and Paxil. The lung condition that has been linked to these drugs is called Persistent Pulmonary Hypertension or PPHN. It is a very serious condition found in newborn babies that requires 24 hour comprehensive supervision and medical treatment. Unfortunately, even with intensive treatment, most babies will not make it. Their circulatory system is simply not strong enough to deliver oxygen to the soft tissue of the lungs and other major organs. As a result, babies suffer shock, brain hemorrhaging, heart failure, and many other serious complications.

If you or a loved one was pregnant and taking prescription anti-depressants like the ones mentioned above, and a child was born with health problems, contact an Indianapolis Medical Malpractice Lawyer right away. They retain the proper resources to investigate a case and determine if medical malpractice has occurred in any way. You could be entitled to compensation for your family’s damages, pain, and suffering.

Craven, Hoover, and Blazek P.C.

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call 317-881-2700 and speak with a licensed personal injury lawyer in Indianapolis, Indiana today. Craven, Hoover, and Blazek P.C. retains the state’s most accomplished accident attorneys and legal teams. Attorney, Daniel Craven, has more than 30 years of litigation and trial experience. We offer free initial consultations and never collect lawyer fees unless we prevail for you! Call 317-881-2700 and speak with a friendly and knowledgeable legal representative about your potential medical malpractice claim in Indianapolis, IN and its surrounding counties.