Medical Malpractice

Types of Medical Malpractice: Understanding Different Forms of Negligence

Medical negligence can take many forms, each with its own unique challenges and implications for the patientFrom diagnostic errors and surgical mistakes to medication mishaps and improper treatment, these various forms of negligent malpractice can lead to severe, sometimes life-altering consequences.

In this section, we will explore the different forms of negligence, shedding light on how they can impact patients and what legal recourse may be available for those affected. Examples include:

• Assessment Oversight: This occurs when healthcare providers fail to order crucial tests that are necessary to diagnose a condition accurately. For example, not ordering an MRI for a patient with persistent neurological symptoms can lead to a delayed or missed diagnosis, exacerbating the patient's condition.

• Lack of Collaboration with Specialists: In some cases, primary care physicians or general practitioners may need to refer a patient to a specialist for further evaluation and treatment. Failure to do so can result in inadequate care. For instance, not consulting a cardiologist for a patient with heart disease symptoms can lead to mismanagement of the condition.

• Premature Discharge from the Emergency Room: Releasing a patient from the ER before their condition is fully stabilized or properly diagnosed can have serious repercussions. This includes cases where patients are sent home with instructions to follow up with their primary care physician when they actually require immediate and ongoing medical attention.

• Insufficient Review of Medical Records: Healthcare providers must thoroughly review a patient's medical history to avoid errors in treatment. Overlooking past diagnoses, allergies, or previous treatments can lead to inappropriate care plans, which can harm the patient.

• Inadequate Communication with Families: Effective communication with a patient's family is essential, especially when the patient is unable to advocate for themselves. Failing to keep families informed about the patient's condition, treatment plans, and potential risks can lead to confusion and preventable mistakes.

• Neglecting to Address Abnormal Test Findings: When test results indicate abnormalities, prompt action is necessary. Ignoring or misinterpreting these results can result in a failure to diagnose and treat serious conditions in a timely manner, worsening the patient's health outcomes.

• Delayed Updating of Diagnosis: Medical conditions can evolve, and diagnoses should be updated as new information becomes available. Sticking to an initial diagnosis without considering new symptoms or test results can lead to ineffective treatments and further harm to the patient.

At CCHA Law, we take the responsibility of identifying potential instances of medical malpractice seriously. Our attorneys are trained to investigate and gather evidence, ensuring a strong case for our clients. We are committed to securing justice and compensation for those impacted by malpractice.

Different Types of Indiana Medical Malpractice Injuries

In Indiana, recognizing potential medical malpractice cases early is crucial. The state has a strict two-year statute of limitations from the injury's onset, making this period vital for our attorneys to investigate and gather evidence. This timely action can significantly strengthen your case. Understanding the unique challenges and circumstances of each case is fundamental to effectively pursuing legal action. Let's explore some common categories within the state:

Prescription Drug Negligence

Errors related to prescription drugs can occur in several ways, including incorrect dosage, prescribing the wrong medication, or failing to consider harmful drug interactions. These mistakes can lead to severe health complications or even death. Our attorneys examine medical records, pharmacy logs, and expert testimonies to build a robust case.

Surgical Injuries

Surgical malpractice can involve errors such as operating on the wrong body part, leaving surgical instruments inside the patient, or causing nerve damage. These mistakes often result in additional surgeries, prolonged recovery times, and significant pain and suffering. We work with medical experts to investigate and substantiate your claim.

Anesthesia Errors

Anesthesia errors can be particularly dangerous, leading to brain damage, nerve damage, or even death. These errors may occur due to incorrect dosage, failure to monitor the patient properly, or not accounting for patient allergies. Our team meticulously reviews anesthesiology records and consults with experts to uncover negligence.

Pregnancy Injuries

Medical malpractice during pregnancy and childbirth can have devastating effects on both the mother and the baby. This includes failure to diagnose conditions like preeclampsia, improper delivery techniques, or neglect during prenatal care. We gather comprehensive evidence to ensure accountability for any negligence.

Cosmetic Surgery Injuries

Even elective procedures like cosmetic surgery carry risks. Errors can result in disfigurement, infections, or other severe complications. Our attorneys investigate these cases thoroughly, looking into the surgeon's qualifications, procedural adherence, and post-operative care standards.

Foot Injury

Negligence in treating foot injuries can lead to chronic pain, mobility issues, or further complications. Misdiagnosis or improper treatment of fractures, infections, or diabetic foot problems are common issues. We delve into medical histories and treatment protocols to build a strong case.

Back/Neck Treatment Errors

Errors in treating back and neck injuries can significantly impact a patient's quality of life. Misdiagnosis, improper surgical techniques, or inadequate physical therapy can lead to prolonged pain and disability. Our team collaborates with medical professionals to scrutinize treatment methods and establish malpractice.

Nursing Home Neglect

Neglect in nursing homes can result in serious harm to elderly residents, including bedsores, malnutrition, dehydration, and unexplained injuries. Our attorneys are experienced in handling these sensitive cases, ensuring that the elderly receive the care and respect they deserve.

Caregiver Negligence

Negligence by caregivers, whether in-home or at medical facilities, can lead to patient harm. This includes failing to administer medication correctly, not following care plans, or neglecting basic needs. We investigate caregiver practices and facility policies to hold responsible parties accountable.

At CCHA Law, we are dedicated to securing justice and compensation for those impacted by medical malpractice. By understanding the various types of cases and their unique challenges, we can better serve our clients and ensure that negligent healthcare providers are held accountable.

How CCHA Law Pursues a Medical Malpractice Case in Indiana

At CCHA Law, our dedicated attorneys follow a thorough process to pursue medical malpractice cases, ensuring the best possible outcome for our clients.

Initial Consultation and Case Evaluation

We start with an initial consultation to understand your case and determine its viability.

Comprehensive Investigation

We conduct a detailed investigation, gathering medical records, interviewing witnesses, and consulting medical experts.

Medical Expert Review

Our medical experts review the care you received to identify deviations from the standard of care.

Medical Review Panel

Before a Complaint is filed, the plaintiff must submit their case to a medical review panel. This panel consists of one attorney and three healthcare providers who will review the evidence and provide an opinion on whether the healthcare provider failed to meet the appropriate standard of care.

Filing a Complaint

If warranted, we file a formal complaint outlining the negligence and damages suffered.

Discovery Process

We exchange information with the defendant, gathering evidence through documents, interrogatories, and depositions.

Pre-Trial Motions and Negotiations

We handle pre-trial motions and negotiate with the defendant’s legal team, aiming for a fair settlement.

Trial Preparation

Our team prepares meticulously for trial, developing strategies, preparing witnesses, and creating exhibits.

Trial and Post-Trial Actions

We present your case in court, seeking justice and full compensation. Post-trial, we ensure the judgment is enforced.

For a detailed explanation of our process, please visit our comprehensive guide on pursuing medical malpractice cases.

Understanding Your Rights: Compensation

At CCHA Law, our Noblesville and Fisher Indiana Medical Malpractice Attorneys are here to make sure you understand every aspect of your case. Understanding the aftermath of medical malpractice involves recognizing the impact on victims and their families. Seeking compensation is a crucial part of this process. It's important to understand the various types of damages available, which can help you comprehensively evaluate the effect of your suffering. Having knowledge of the compensation available in medical malpractice cases is crucial. In Indiana, there's a cap on damages of $1.8 million, with healthcare providers liable for up to $500,000. The Indiana Patient's Compensation Fund covers the remainder.

Healthcare Reimbursement

For past, current, and future medical treatments, including surgeries, medication, therapy, and hospital stays.

Lost Wages and Future Earnings

Reimbursement for the income lost due to injury includes wages missed during the recovery and any future earnings diminished by disability or the inability to work.

Long-term Care Costs

Coverage for ongoing care includes rehabilitation services, in-home nursing care, therapy, medical equipment, or accommodations for disabilities.

Punitive Damages

Additional compensation, to punish the negligent party for misconduct or failure of medical negligence, aim to provide further restitution to the victim and make sure to hold the party accountable to prevent future harm.

Our Commitment to You

No Fee Unless We Recover

At CCHA Law we operate on a contingency fee basis for most medical malpractice cases. This means you won't pay any fees upfront or by the hour. Our payment is contingent upon successfully recovering compensation for you. We prioritize clear communication and ensure you have the final say in settling or going to trial.

Dedicated Service

We're committed to helping victims of medical malpractice and their families move forward after their injury. We seek full and fair compensation for any suffering due to negligence including lost wages, pain and suffering, emotional distress, property damage and medical expenses.

Types of Personal Injury Cases

Our attorneys have expertise in various personal injury cases, including car accidents, trucking accidents, motorcycle accidents, wrongful death, and medical malpractice. Each case demands unique strategies for a successful resolution.