Were you or a loved one harmed by a medication error in Indianapolis, Indiana? You may be able to file a medical malpractice claim for compensation.
Wilson Kehoe Winingham Injury Lawyers can help you determine your legal rights and guide you through every step of the process. Contact our Indianapolis medication error lawyers at (317) 920-6400 for a free consultation.
Our attorneys have 124 years of combined experience and have won thousands of cases, recovering millions of dollars for the people we represent in the process.
When you choose our firm, we are committed to helping you navigate the process and fighting to recover the compensation for your injuries.
How Wilson Kehoe Winingham Injury Lawyers Can Help After a Medication Error in Indianapolis, IN
Wilson Kehoe Winingham Injury Lawyers has the resources necessary to actually pursue a medical malpractice case in full, which not every law firm can offer. Our medical malpractice lawyers in Indianapolis will make your case our priority once you choose us to represent you and will prepare your case with the possibility of trial in mind from the start.
Our Indianapolis personal injury attorneys can get to work and:
- Investigate the circumstances of your treatment and identify how the error occurred
- Obtain and review your complete medical records, prescriptions, and pharmacy logs
- Work with qualified medical experts to establish that the provider fell below the accepted standard of care
- File the required proposed complaint with the Indiana Department of Insurance
- Represent you through the medical review panel process when required
- Calculate the full scope of your damages
- Negotiate aggressively with insurers and defense counsel
- File a lawsuit and take your case to court if a fair resolution cannot be reached
Our experienced medication error lawyers in Indianapolis, IN, work on contingency, so we only get paid in terms of attorney’s fees if we win money for your claim.
What Qualifies as a Medication Error in Indiana?
The mistake must fall below the accepted standard of care to qualify as medical malpractice under Indiana law and must also directly cause harm to you as the patient.
Some of the most common types of medication errors include:
- Prescribing the wrong medication for a patient’s condition
- Administering an incorrect dosage, whether too much or too little
- Failing to check for dangerous drug interactions before prescribing a new medication
- Overlooking a known allergy documented in the patient’s chart
- Dispensing the wrong drug at the pharmacy level
- Administering medication through the wrong route, such as intravenously instead of orally
- Failing to monitor a patient’s response to a high-risk medication
The consequences of these errors can range from mild side effects to organ damage, life-threatening reactions, and, in the most tragic cases, wrongful death. If a healthcare provider’s carelessness played a role in the harm you suffered, you may have a valid malpractice claim.
Indiana’s Medical Review Panel Requirement
One thing that sets Indiana apart from many states is its medical review panel process. Medical malpractice claims against health care providers qualified under Indiana’s Medical Malpractice Act generally must go through this process before the claim can proceed in court, subject to statutory exceptions. The process begins by submitting a proposed complaint to the Indiana Department of Insurance under Indiana Code § 34-18.
From there, a panel of three health care providers reviews the evidence, with an attorney serving as the nonvoting panel chairperson. The panel’s findings are not the final word on your case, but they do play a role in shaping how your claim moves forward. The panel’s opinion is not binding, but it may be used as evidence if the case proceeds to court.
How Much Time Do I Have to File a Medication Error Claim in Indiana?
The statute of limitations for an Indiana medical malpractice claim generally requires the claim to be filed within two years under Indiana Code § 34-18-7-1 of the date of the alleged malpractice. However, exceptions may affect the deadline in some circumstances, so the time available to file can depend on the facts of the case.
Indiana law also provides a different rule for young children. A child who is under six years old when the alleged malpractice occurs generally has until their eighth birthday to file a claim.
Filing a proposed complaint with the Indiana Department of Insurance can also affect the limitations period. The Department states that filing the proposed complaint tolls the applicable statute of limitations through 90 days after the claimant receives the medical review panel’s opinion. Because these rules can affect when a claim must be filed, it is important to speak with an attorney as soon as possible.
Contact Our Experienced Indianapolis Medication Error Attorneys for a Free Consultation
A medication error can turn a routine medical visit into a life-altering event. If you or a loved one was harmed by a preventable mistake in Indianapolis, IN, Wilson Kehoe Winingham Injury Lawyers is here to help you make things right.
Call our Indianapolis medication error lawyers today for a free case review. We have well over 100 years of combined experience and are ready to start working on your claim right away.