Indiana Surgical Error Lawsuit: Medical Malpractice Claims
Indiana Surgical Error Lawsuit: Medical Malpractice Claims
Introduction
Surgery is supposed to help patients heal, restore mobility, or even save lives. While most procedures are successful, sometimes preventable mistakes occur in the operating room. When that happens, the consequences of a surgical error can be devastating—ranging from additional surgeries to long-term disability or even wrongful death. If you believe you’ve been a victim of medical malpractice in Indiana, this guide is for you.
If you or a loved one has experienced harm after a procedure, you may be left wondering: Was this a normal complication—or a surgical error? What should I do next?
This guide explains the difference, outlines the steps you should take to protect your health, and walks you through your legal rights in Indiana.
Understanding Surgical Errors
A surgical error is not simply a poor outcome. Every surgery carries risks, and complications can arise even when the surgeon follows proper protocols. A surgical error, often a form of surgical negligence, occurs when a provider fails to meet the accepted standard of care, resulting in preventable harm. Understanding what to do after a surgical error is crucial for your recovery and legal rights.
Some of the most common examples include:
- Wrong-site surgery or wrong-patient surgery – situations that may require a wrong site surgery attorney.
- Instruments or sponges left inside the body
- Anesthesia mistakes (underdosing, overdosing, or failing to monitor vital signs) – potentially leading to an anesthesia error lawsuit.
- Nerve, blood vessel, or organ damage caused by negligence – particularly nerve damage during surgery.
- Infections from improper sterilization
- Failure to address post-operative complications
Some of these examples are even referred to as “never events”—errors so serious that they should never happen when proper care is taken
Step 1: Protect Your Health First
Your immediate priority is always your health. If you suspect a surgical error, seek prompt medical attention—even if it means consulting a provider outside of the hospital where your surgery occurred.
Getting a second opinion can help identify whether additional treatment is needed and create independent documentation of what went wrong. Diagnostic testing, such as imaging studies, can confirm whether a surgical object was left inside or whether internal damage occurred.
Step 2: Collect and Preserve Evidence
Strong documentation is often the difference between a successful and unsuccessful malpractice case. Begin building a record right away:
- Medical records: request your operative report, anesthesia logs, lab results, and follow-up notes. This is typically handled by your attorney.
- Symptom diary: keep track of pain, infections, physical limitations, and and emotional impact.
- Conversations: note dates, times, and details of discussions with doctors, nurses, or administrators.
- Financial costs: save receipts for prescriptions, travel, physical therapy, and any lost wages.
This evidence helps establish both what happened and how it has affected your life.
Step 3: Determine if Malpractice Occurred
Not every surgical complication is malpractice. To pursue a claim under Indiana medical malpractice law, you’ll need proof of:
- A doctor-patient relationship existed.
- The provider failed to meet the standard of care.
- That failure directly caused the injury.
- The injury resulted in measurable damages.
Some cases—such as wrong-site surgery—are so clear that negligence is undeniable. Others require careful review by independent medical experts to determine whether medical malpractice Indiana occurred.
Step 4: Be Aware of Indiana’s Legal Deadlines
Indiana has strict time limits for filing malpractice lawsuits Indiana claims. In most cases, you have two years from the date of the error to file a claim. This is typically handled by your attorney. For children and cases where the harm was not immediately discoverable, exceptions may apply.
Because missing a deadline can permanently bar your case, it is critical to act quickly and consult an attorney as soon as you suspect malpractice.
Step 5: Consult a Medical Malpractice Attorney
Surgical error cases are complex, especially in Indiana where additional requirements apply. Before a malpractice lawsuit proceeds to court, a medical review panel must evaluate the claim. Expert testimony is also required to establish negligence. An experienced medical malpractice attorney or surgical mistake attorney can investigate the hospital, surgeon, and surgical team (this is typically handled by your attorney), secure expert witnesses to review your case, handle the medical review panel process, deal with insurance companies on your behalf, and prepare your case for trial if necessary.
With legal representation, you can focus on recovery while your lawyer builds the strongest possible case, especially if you’re seeking surgical complication legal help.
Step 6: Understand Available Compensation
Victims of surgical errors may be entitled to compensation for both economic and non-economic damages, including:
- Medical expenses: past and future treatment, hospital stays, rehabilitation
- Lost wages and reduced earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Wrongful death damages (if applicable)
Indiana law places a cap on malpractice damages in most cases. Currently, the maximum recovery is $1.8 million, with the provider responsible for the first portion and the state’s Patient Compensation Fund covering the rest. A qualified medical malpractice attorney can help you determine whether a cap applies to your case, and if so, what that damage is cap may be.
Step 7: Continue Care and Stay Organized
Even while pursuing a claim, continue with all necessary follow-up care. This not only protects your health but also shows the ongoing impact of the error. Keep your medical records up to date, save bills, and continue journaling your recovery process.
Why Legal Action Matters
Taking legal action after a surgical error isn’t only about seeking financial compensation for the immediate and long-term costs of your injuries. It also plays a vital role in ensuring you receive the necessary resources for ongoing care, such as future surgeries, therapies, or specialized equipment. Beyond personal recovery, legal action holds negligent medical providers and institutions accountable for their actions. This accountability is crucial for maintaining standards of care within the medical community and can act as a deterrent, preventing similar mistakes from harming other patients in the future. By stepping forward and pursuing a claim, you are not only protecting your own well-being and seeking justice for the harm you’ve endured, but you are also contributing to the safety and broader health of the community. Your case can shed light on systemic issues and drive positive changes in medical practices.
Taking the Next Step
The Powless Law Firm is an Indiana law firm that represents victims and families statewide in serious cases involving medical negligence, surgical error, nursing home neglect, birth injury, personal injury, and wrongful death. If you have concerns about a surgical error and need a medical negligence lawyer in Indiana, please contact us at (877) 769-5377. Together, we can make a difference.
Frequently Asked Questions
Q: How can I tell if my complication was malpractice? Some surgical risks are unavoidable, but clear “never events” like wrong-site surgery or retained objects almost always point to malpractice. An attorney can help you sort through the details.
Q: Will I have to face my surgeon in court? Not necessarily. Many malpractice cases are resolved through negotiation or settlement before trial.
Q: What if the hospital offers me a settlement? Do not accept without speaking to an attorney. Early offers are often far less than what you may be entitled to.
Q: Can I afford a malpractice attorney? Yes. Most malpractice attorneys, including Powless Law Firm, work on a contingency basis—you pay nothing unless your case is successful.
The Powless Law Firm represents families across Indiana—from Indianapolis to Fort Wayne and Evansville—in cases involving birth trauma lawsuits, medical malpractice birth injury claims, and cerebral palsy lawsuits. As experienced medical malpractice attorneys in Indiana, we are here to listen to your story and help you find the way forward.
Call (877) 769-5377 now for a free, confidential consultation. There is no fee unless we win your case.