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Medical Malpractice Wrongful Death

Wrongful death cases will involve several regulations and laws which operate at various levels. First, the Indiana Malpractice Act applies to nearly every claim. But, when the instance of malpractice results in a death, correlating wrongful death additional statutes also apply.

Within Indiana, there are both general adult and child wrongful death statutes.  Each provides limitations and applicable remedies for the situation.

StewartWood Injury Lawyers has an experienced and knowledgeable team of Indianapolis wrong death lawyers that understand how these different aspects can impact your case. We work to win our clients the maximum amount of compensation available.

• Does Indiana Have Any Special Laws Regarding Medical Malpractice?

  The answer is yes! Before filing a claim, three special MMA requirements must be followed or understood.

  1. The first requirement is that a patient who wants to file a medical malpractice claim must initially meet with a Medical Review Panel (MRP) before filing the claim in an Indiana court. This panel, comprised of three Indiana health care professionals, helps to determine the legitimacy of the claim. Indiana is among seventeen states who offer this service and the findings therein can be extremely helpful to plaintiffs seeking a suit. The opinion of the review panel does not prevent a plaintiff from filing, but the findings can be used in a court trial. So, it’s important to take this review seriously, so you can likewise be taken seriously in court.

  2. The second requirement is the amount of damages a patient can be awarded. This amount was amended in 2019 to include a 3 million dollar increase and is currently capped at 1.8 million dollars. This money comes from the Indiana Patient’s Compensation Fund and consists of surcharge funds taken from the medical malpractice insurance of a hospital or medical practice. This fund experiences yearly rate and penalty changes.

  For instance, the 2021 surcharge rate decreased for physicians by 1.65%, but increased for hospitals by 2.1%. These fluctuations have a direct correlation to how much money is in the compensation reservoir for those who are owed money for damages in a medical malpractice suit.

  The final important requirement of the MMA is the statute of limitations. Injured patients must file a claim within two years of the date of injury. Though, experienced Attorneys advise those injured in a medical context to start the claim process as soon as possible. If a person does not file a medical malpractice claim within those two years, he or she will not be eligible for injury compensation.

• Medication Errors

  When people think of medical malpractice in Indiana, they often think of problems in surgery or a misdiagnosis. Very few think of the most common form of medical malpractice: incorrect prescriptions. Usually, the doctor prescribing your medication knew what they were doing. However, the pharmacist may have mixed your prescription with a medication that looked similar or had a similar name.

  In some cases, medication errors are made when a prescription goes to an unintended patient. Usually, these cases involve fewer damages, and doctors are able to detect the issues promptly. However, an overdose of these drugs or the use of unintended drugs can have life changing effects.

  Some potent prescription drugs can result in coma, death, brain damage, and drug addiction.

• Nursing Errors

  Nurses do more now than ever before, and it’s nearly impossible to list everything within their job description. They are becoming known as the “eyes and ears” of doctors. The thought is generally concerning, but when you look at the tasks that they do initially, it seems fine.

  A nurse will be responsible for noting differences or changes in vital signs such as pulse, and blood pressure. They’re also responsible for informing doctors of changes in physical aspects of the patient such as decreased urination or presented mental concerns. Not reporting these changes, or simply forgetting to report them can result in serious harm.

  Forgetfulness can also include not placing appropriate bands on the patient, which would note them as a fall-risk. The fact that something was forgotten when they have a workload as heavy as nurses are not surprising. However, when you consider that it’s someone’s health and safety, it’s clear that these problems shouldn’t happen.

  Alternatively,  nurses who do not provide an adequate level of attention to the basic safety and hygiene practices of their patients can be negligent. They may give the wrong dosage, misplace an IV, or provide the wrong medication. Most nurses are fantastic guardians and advocates for patients. 

•     At StewartWood Injury Lawyers there is NEVER A FEE until we win your case.
  

• Radiology Errors

  Radiologists review x-rays, MRIs, CT scans, and other image-based medical test results. They should take care during this process to ensure that no serious conditions go undiagnosed.

  Radiology errors can allow people who have cancer to believe that they are otherwise healthy and not pursue treatment. Additionally, if someone did receive diagnostic testing, a doctor may hesitate to put the patient through screening resulting in harms.  A patient complaining of ongoing pain or discomfort may receive advice that it’s a pain management issue. 

• Surgical Errors

  Unintended things happen during surgery. A surgeon may not fully identify what they are cutting into and cause severe damage. They may also not be aware that a complication has developed and fail to respond.

  One example of a surgical error is for a surgeon performing a gallbladder removal to cut through the vital structure rather than the common bile duct. The result is a substantial damage and pain for the patient.

  Surgeons are in a position to make minor cuts or nicks and cause severe damage. Other surgical errors or examples of surgical negligence include leaving tools within the patient or taking more of anything than was necessary. If someone was having a tumor rumored from their intestinal tract and removed more than necessary, that patient might suffer for the rest of their life.

  Surgical errors may take some time to identify, and you should discuss these issues with StewartWood. Not only can it result in extending the deadline to file, but it can also impact the outcome of your case. Work with an attorney to determine how long you lived with pain or other problems because of a surgeon’s error. In many cases, you will need to stand up against a hospital and not just a lone doctor.