Surgery is often a life-changing event, whether it’s a routine procedure or a more complex operation. While most surgeries go as planned, there are times when mistakes happen—mistakes that can have devastating effects on a patient’s life. These surgical errors often lead to pain, additional medical issues, and, in many cases, financial strain.

For residents of Indiana, understanding the prevalence and types of surgical errors, as well as the legal recourse available, is essential. This guide will walk you through the common types of surgical errors, the basics of medical malpractice claims in Indiana, and what steps to take if you suspect medical malpractice.

Call 317-881-2700 for Trusted Legal Guidance Regarding Your Medical Malpractice Lawsuit Inquiries in Indiana

Common Types of Surgical Errors

Surgical errors are mistakes that occur during a medical procedure and errors that could have been avoided. These errors vary in severity, but they often result in harm or permanent damage to the patient. Below are some of the most common surgical errors witnessed in medical malpractice claims.

1. Wrong-Site Surgery

This shocking mistake occurs when a surgeon operates on the wrong body part or even the wrong patient. For example, performing surgery on the left knee instead of the right or removing the wrong organ. Such errors are devastating, as they leave the initial medical issue untreated and create additional problems for the patient.

2. Anesthesia Errors

Anesthesia plays a critical role in surgeries, ensuring patients are comfortable and pain-free during procedures. However, errors in anesthesia administration—such as giving too much, too little, or the wrong type of anesthesia—can lead to severe complications, including brain damage or death.

3. Post-Operative Care Negligence

The importance of post-operative care cannot be overstated. Patients require ongoing monitoring to prevent infection, blood clots, or other complications after surgery. Failing to provide proper post-operative care is a form of negligence that can lead to severe consequences.

4. Foreign Objects Left in Patients

It may sound unbelievable, but cases involving surgical tools, sponges, or gauze being left inside a patient after surgery are not that uncommon. These foreign objects can cause infections, internal damage, or even sepsis, among other things.

5. Damage to Surrounding Organs

When performing a procedure, surgeons must be cautious not to harm surrounding tissues or organs. Damage caused by inattention or improper technique can result in long-term health issues for the patient.

Understanding Medical Malpractice in Indiana

Surgical errors often lead to medical malpractice claims, but understanding the legal landscape in Indiana is vital for victims seeking justice.

What Constitutes Medical Malpractice?

Medical malpractice occurs when a healthcare provider deviates from the standard of care, resulting in harm to the patient. To file a malpractice injury claim for a surgical error, you must prove the following:

Duty of Care: The healthcare provider had a responsibility to provide care.
Breach of Duty: The provider failed to meet the standard of care.
Causation: The provider’s negligence caused harm or injury.
Damages: The patient suffered harm that resulted in physical, emotional, or financial damages.

Statute of Limitations in Indiana

Indiana law requires patients to file medical malpractice claims within two years from the date of the surgery, malpractice or discovery of the error. Acting within this time frame is crucial for the success of your case.

Malpractice Caps in Indiana

Indiana also has a cap on the compensation that can be awarded in medical malpractice claims. The current limit is $1.8 million, including payments from the healthcare provider and the Indiana Patient Compensation Fund.

Tips to Protect Yourself from Surgical Errors

While it’s impossible to eliminate all risks, patients can take measures to minimize the chances of surgical errors. Here’s how:

Ask Questions: Before the procedure, ask your surgeon detailed questions about the process, risks, and expected outcomes.
Double-Check Details: Confirm your name, the procedure, and the surgical site with your medical team multiple times.
Research Your Surgeon: Ensure that your surgeon is licensed and has no history of medical malpractice claims.
Bring an Advocate: Have a family member or trusted friend accompany you to appointments and ask questions on your behalf.
Follow Post-Op Instructions: Carefully follow all recovery and follow-up instructions to avoid complications.

What to Do If You Suspect Medical Malpractice

If you believe a surgical error has occurred:

Seek a Second Opinion: Consult another trusted healthcare provider to evaluate your situation and confirm the error.
Request Medical Records: Obtain a copy of all medical records related to the surgery. You attorney will help or do this for you.
Document Everything: Keep a journal detailing your symptoms, additional treatments, and emotional impact.
Contact a Medical Malpractice Attorney: An experienced personal injury attorney with experience in medical malpractice claims can review your case, explain your legal rights, and guide you through the process of filing a claim.

Frequently Asked Questions About Medical Malpractice and Physician Liability

What is the cost of hiring a medical malpractice lawyer?

Most medical malpractice lawyers work on a contingency fee basis, meaning you only pay if they win your case. Always confirm the specific terms with your legal team.

Why are surgical errors still so common?

Surgical errors often occur due to miscommunication, fatigue, insufficient staffing, drug or alcohol usage by medical staff, or poorly implemented safety protocols.

Can I sue a hospital instead of a surgeon?

Yes, if the hospital’s negligence contributed to your harm—for example, through inadequate staff training or faulty equipment.

How long does a medical malpractice case take to resolve?

Cases can take months or even years to resolve, depending on the complexity of the claim and whether it goes to trial.

What kind of compensation can I receive?

Compensation typically covers medical expenses, lost wages, pain and suffering, negative effects on your life and future medical care related to the injury.

Is a Misdiagnosis Considered Medical Malpractice?

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 claim, although sometimes they do depending on the facts. In order for a patient to sue a hospital, medical facility, or physician for being misdiagnosed, the misdiagnosis must be negligent.

WRAPPING UP

Surgical errors can have a lifelong impact on patients and their families, leaving them physically, emotionally, and financially burdened. If you or someone you love has been a victim of a surgical error, it’s essential to take action as soon as possible. Consulting with a qualified medical malpractice lawyer can help you seek justice and secure the compensation you deserve.

Don’t wait—if you believe you’ve suffered due to medical negligence, reach out to an experienced attorney today. Acting quickly can make all the difference in protecting your rights and helping to ensure no one else suffers the same fate.

Are you seeking justice for medical negligence in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with an experienced medical malpractice attorney in Indianapolis. We represent patients and their families across the state, including Indiana residents injured out of state and individuals from other states injured in Indiana. Do not wait – act now while you still have time!

If you have been injured due to medical negligence in Indiana, you may be considering filing a medical malpractice lawsuit. Medical malpractice occurs when a health care provider fails to provide proper treatment or advice that results in harm to the patient. If this has happened to you, it is important to know what steps are involved in filing and pursuing a medical malpractice claim.

In this blog post, we will discuss what you can expect from a medical malpractice lawsuit in Indiana. We will cover topics such as the statute of limitations for filing a claim, how liability is determined, and potential damages that can be awarded after your case has been heard by the court. Knowing these details ahead of time can help ensure that your legal rights are protected throughout the process and increase your chances of obtaining full and fair compensation for any injuries sustained due to someone else’s negligence.

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

Personal Injury Lawsuit Process for Victims of Medical Malpractice in Indiana

Hiring a Medical Malpractice Attorney

The first step in filing a medical malpractice lawsuit is to retain an experienced personal injury medical malpractice lawyer. Your lawyer will be able to review your case and determine whether or not you have a valid claim against the health care provider or medical facility that you believe was negligent. It is important to note that each state has its own statute of limitations for filing such claims, so it is important that you file as soon as possible after discovering any harm caused by medical negligence. In Indiana, the statute of limitations requires that a medical malpractice lawsuit must be filed within two years of when the incident occurred or two years from when the injury should have reasonably been discovered.

Documenting a Medical Malpractice Case

Once it is determined that you do have a valid claim against the health care provider or medical facility, your lawyer will begin to document your case. This will involve collecting evidence of the negligence and determining who can be held liable for the harm caused. Generally speaking, any health care provider or medical facility that was responsible for providing treatment or advice that resulted in injury is considered negligent and may be held financially responsible for damages resulting from the incident.

Proving Negligence

In addition to establishing liability in a medical malpractice case, personal injury attorneys must also prove that the defendant’s negligence caused you harm. This includes demonstrating that there is a link between the negligent act and the injury sustained by the patient. If liability is established successfully and it is determined that negligence did cause you harm, then you may be entitled to receive compensation for any damages that you incurred as a result of the incident. This may include medical expenses, lost wages, pain and suffering, or even punitive damages if there is evidence that the defendant acted with willful disregard for your safety.

Talk to a Medical Malpractice Lawyer for Personalized Advice

Filing a medical malpractice lawsuit in Indiana can be a complicated process because usually you must go through a medical panel review process prior to filing a lawsuit but it is important to remember that you do not have to go through it alone. An experienced medical malpractice lawyer can help you understand your legal rights and provide guidance throughout the entire process. If you believe that you were injured due to negligence on the part of a health care provider or medical facility, then do not hesitate to contact an accident attorney in Indianapolis as soon as possible. They can help ensure that your case is handled properly from start to finish and help maximize the amount of compensation that you can receive for any harm caused by medical negligence.

With all the complexities inherent in filing and pursuing a medical malpractice claim, it is important to know what to expect going into it. Contact 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. We provide contingency-fee representation, so you don’t pay anything unless we successfully secure a settlement or verdict on your behalf.

Craven, Hoover, & Blazek P.C.

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Surgical Errors and Medical Malpractice Claims in Indiana: What You Need to Know