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

Posted on February 3, 2025 by admin

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!

Key Questions for Choosing Your Legal Advocate in a Medical Malpractice Claim

Posted on September 23, 2024 by admin

When doctors who are performing medical procedures in a negligent manner, the medical procedures go wrong and the aftermath can be devastating, not just physically but also emotionally and financially. Patients entrust their health and lives to medical professionals, so when things don’t go as planned, it can be a harrowing experience. That’s where the importance of a seasoned attorney comes into play.

If you or someone you know has been a victim of medical malpractice, hiring the right lawyer is crucial to navigating the complexities of these cases. This blog post aims to guide you through essential questions to ask a potential medical malpractice attorney, ensuring you make an informed decision for your case.

Call 317-881-2700 to Speak With an Experienced Medical Malpractice Attorney in Indianapolis Indiana

Navigating a Medical Malpractice Claim with Legal Insight

Medical malpractice occurs when a healthcare professional deviates from the standard of care, resulting in injury to the patient. The consequences of such negligence can be severe, affecting one’s quality of life and leading to financial burdens due to ongoing medical expenses and lost income. In these situations, having a legal expert who concentrates on medical malpractice is vital. They possess the knowledge needed to handle the intricacies of these cases and fight for the compensation you deserve.

Navigating the legal system without an experienced attorney can be daunting. The laws surrounding medical malpractice are complex and vary from state to state. Having an attorney who understands these nuances can significantly impact the outcome of your case. Their expertise allows them to document a solid case, negotiate on your behalf, and ensure your rights are protected throughout the process.

Choosing the right lawyer requires careful consideration. It’s essential to find someone who not only has the credentials but also aligns with your needs and expectations. Asking the right questions during initial consultations will help you assess if the lawyer is the right fit for your case.

The Impact of Medical Errors

Medical malpractice can have lifelong effects on patients and their families. Beyond the immediate physical injuries, victims may face long-term health issues, emotional distress, and financial hardships. The financial strain can include medical bills, lost wages, and costs for ongoing care or rehabilitation. These burdens underscore the need for legal recourse to hold responsible parties accountable and recover deserved compensation.

Victims often feel overwhelmed and uncertain about the next steps. The stress and confusion that accompany malpractice cases are common, which is why having a knowledgeable legal advocate is so important. A seasoned attorney understands the challenges victims face and provides the necessary guidance to pursue justice.

☑ Experience and Track Record

One of the first questions to ask a potential attorney is about their experience and track record in handling medical malpractice cases. How long have they been practicing in this area? What is their success rate? An attorney with extensive experience is more likely to understand the complexities of medical malpractice claims and have a proven strategy for success.

Experience matters because medical malpractice cases require navigating complicated medical and legal issues. A seasoned lawyer will have encountered a range of scenarios and developed effective strategies to overcome them. Their track record can provide insight into their ability to secure favorable outcomes for their clients.

It’s important to inquire about specific cases similar to yours that the lawyer has handled. This will give you an indication of how well they understand your situation and their potential effectiveness in advocating for you. An attorney who can confidently discuss past cases and successes will likely inspire greater trust and confidence in their capabilities.

☑ Case Assessment Process

Ask the attorney how they plan to evaluate your case and what potential outcomes they foresee. Understanding the assessment process provides transparency and sets realistic expectations. A competent attorney should be able to explain how they will gather evidence, consult with medical experts, and identify the strengths and weaknesses of your case.

Case assessment is a critical step in the legal process. It involves reviewing medical records, interviewing witnesses, and understanding the full scope of your injuries. A thorough evaluation will help the lawyer develop a strong strategy tailored to your specific circumstances.

Discussing potential outcomes early on is important for setting expectations. While no lawyer can guarantee specific results, an experienced attorney will provide an informed opinion on the possible resolutions based on their expertise and previous cases. This insight is invaluable in helping you decide whether to proceed with the case.

☑ Legal Strategy

Understanding the lawyer’s approach to your case is essential. Ask about their legal strategy and any alternative approaches they might consider. A well-planned strategy can be the difference between success and failure in a medical malpractice claim.

A strong legal strategy involves identifying key issues, determining the best course of action, and anticipating challenges that may arise. Your attorney should be able to articulate their plan and explain how it aligns with your goals. This includes discussing potential settlement options or whether they recommend going to trial.

Alternative strategies may also be worth considering. Some cases benefit from mediation or arbitration rather than litigation. Discussing these options with your lawyer ensures you understand the full range of possibilities and can make informed decisions about your case’s direction.

☑ Communication and Transparency

Effective communication is a critical aspect of any attorney-client relationship. Ask how often you can expect updates on your case and what the process for communication will be. Knowing you can reach your attorney when needed provides peace of mind during what can be a stressful time.

Transparency is key to building trust. Your lawyer should be forthcoming about the case’s progress, potential challenges, and any new developments. Regular updates keep you informed and involved in the process, ensuring you remain an active participant in your case.

Establishing clear communication channels from the outset helps prevent misunderstandings and ensures your questions and concerns are addressed promptly. This collaborative approach fosters a stronger partnership between you and your lawyer, ultimately benefiting your case.

☑ Fees and Costs

Legal fees can be a significant concern for many clients. Ask the lawyer about their fee structure and what costs you can expect. Are they working on a contingency basis, meaning you only pay if you win your case? Understanding these details upfront prevents surprises later.

The fee structure should be clearly explained, including any additional costs for expert witnesses, court filings, or other expenses related to your case.

Contingency fees are common in personal injury cases, including medical malpractice, and we work on a contingency fee basis here at Craven, Hoover & Blazek, P.C. This arrangement can benefit clients who may not have the means to pay attorney fees upfront. Discussing this option with your lawyer can help determine if it’s the right fit for your financial situation.

MAKING AN INFORMED DECISION

Choosing the right medical malpractice lawyer is a critical decision that can impact the outcome of your case. By asking these key questions, you can evaluate potential attorneys and ensure they meet your needs and expectations. A well-informed decision increases your chances of a successful legal outcome.

Remember, seeking justice is a right, and having the right legal support can make all the difference in achieving a full and fair outcome. You’re not just hiring a lawyer; you’re selecting a partner who will advocate for your rights. The right lawyer will make you feel confident and supported throughout the legal process, providing the expertise and guidance you need.

If you’ve been affected by medical malpractice, take action today by consulting with an experienced attorney. Contact the Law Office of Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free case evaluation with an experienced medical malpractice attorney in Indianapolis, Indiana. Our personal injury attorneys represent clients throughout the state. We can hold consults over the phone or online via video conference.

Medical Malpractice and Surgical Error Lawsuits

Posted on March 17, 2015 by admin

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

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

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.

Craven, Hoover, & Blazek P.C.

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