Medical Malpractice

The Indiana Medical Malpractice Lawyers at Kooi Law represent clients injured or killed as the result of malpractice.  Indiana Medical Malpractice can result in serious personal injury or wrongful death. Indiana Medical Malpractice and Illinois Medical Malpractice occurs when a physician or medical care provider (including facilities) fails to meet the standard of care as required by others practicing in the same or similar areas of medicine.  Indiana Medical Malpractice cases can be brought against physicians, facilities or other medical care providers for the following, as well as other reasons:

  • Birth Related Injuries
  • Medication errors
  • Improper or misdiagnosis
  • Lack of informed consent
  • Surgical error
  • Medical instruments left inside the patient after surgery

INDIANA MEDICAL MALPRACTICE

Indiana requires that all medical malpractices cases (except those involving damages under $15,000) be filed with the Indiana Department of Insurance before proceeding through the Indiana Judicial System. The procedures to be followed for Indiana Medical Malpractice claims can be viewed at the Indiana Department of Insurance.

Can I sue for Indiana Medical Malpractice?
Most people have the understanding that Indiana medical malpractice is the wrongdoing by a physician or medical professional. While this is somewhat correct, it is an incomplete and imprecise analysis of what it takes to pursue a malpractice claim in the State of Indiana.

To understand exactly what medical malpractice is and how malpractice lawsuits function, a client needs to understand all of the elements that comprise a medical negligence claim .

In a single sentence, medical malpractice is a deviation from the standard of care by a medical professional that causes an undue injury or harm.

Analyzing an Indiana Medical Malpractice Claim
The phrase medical malpractice can be broken into two parts…. Medical and Negligence.  But the definition of the same actually comprises of four parts.   Indiana Medical malpractice refers to (1) the duty required by a medical facility or medical professional (2) a breach of that respective duty (3) a causal connection between the breach and subsequent injury or damages, and (4) the ultimate injury incurred as a result of the breach of duty.

To better understand what is required to establish Indiana Malpractice, we have broken these issues down further:I it must be prove that a doctor, nurse , anesthesiologist, physical therapist , oncologist, gynecologist , or any other medical professional  or facility has committed malpractice, we must first determine what the standard of care in their respective medical community would have been.  After determining this, we can analyze whether they performed their job in such a way that was inadequate or below their respective standard of care (what would have been expected in their medical community). As a general rule, every medical professional has a professional duty within their specific area of practice and/or community.  When providing medical care and/or treatment , they must meet the standard of care required of them.  Failure to meet this standard would be defined as a “breach” or “breach of the standard of care”.

2. Breach

Breach of the standard of care or violation of the standard of care is establish by proving that the medical professional failed to provide the care or treatment as required by a like-kind professional or facility in their respective community.

3.  Injury or Damage

The injuries sustained as a result of the medical practitioner or facility’s breach are often referred to as damages.  Damages are simply the unexpected or unnecessary result incurred by the failure of the medical professional or facility to meet their standard of care.  The Indiana medical malpractice attorneys at Crossen Kooi Law often get asked what can happen if there is malpractice but no injury. In this case there simply is no claim for malpractice because we are missing the key ingredient of damages.

4. Causation or Causal Connection

When explaining causation, our Indianapolis Malpractice Lawyers often use the example of a auto collision.  If an individual drives their vehicle 100 mph through the center of town but do not hit anyone, they are certainly negligent.  The problem, however, is that the negligence is not coupled with any damages; thus, there is no claim.  By contrast, if the same vehicle were to strike a pedestrian, there is not only a breach in the standard of care but also damages.  Those damages are causally related to the negligence of the driver; thus, there is 1) a duty, 2) breach of that duty, 3) damages, and finally 4) a causal connection between the breach and the damages suffered.  You can apply this example to an Indiana medical malpractice claim in the same manner.  If a physician fails to meet the standard of care while attempting to diagnose a condition, there is only a valid malpractice claim if 1) the victim sustained an injury from the failure to meet the standard of care and 2) if the damages suffered are causally related to the deviation.

 

Every Indiana Medical Malpractice case is different, and there are factual, legal and economic considerations that must be taken into account before an Indiana Malpractice Lawyers can effectively work with his client to determine an appropriate course of action.  Indiana Medical malpractice claims are very complex and because of the nature of the evidence required to establish such claims, they are likewise very expensive to pursue.

Unfortunately, our Indiana Malpractice Law Firm often sees cases that may meet all of the four legal requirements discussed above but may not have the damages or the damages are too small to justify the expense and the time to pursue legal action.It is very important to contact an Indiana medical malpractice lawyer soon after you discover you may be a victim of negligent medical care because there are often time limits that apply to asserting a medical malpractice claim.  In most cases in Indiana, this is two years; however, there are a variety of issues and facts that can limit and/or extend this time period.   Our Indianapolis Medical Malpractice Lawyers will offer a free consultation so you can find out if your case is compensable.

Please contact the Indianapolis Medical Malpractice Lawyers at Kooi Law for a FREE consultation.