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All surgery carries some level of risk, and the days and weeks after an operation are often just as delicate as the procedure itself. When a healthcare provider fails to monitor a post-op patient properly, the consequences can be severe and sometimes permanent.
If you or a loved one suffered harm because of inadequate care after an operation, an Indianapolis postoperative negligence attorney can help you explore your legal options. Contact the Law Office of Kelley J. Johnson today for a free consultation.
How Our Experienced Indianapolis Postoperative Negligence Attorney Can Help You
Attorney Kelley J. Johnson has focused exclusively on medical malpractice claims for nearly 20 years, and postoperative negligence cases require exactly that kind of focused experience. These claims often hinge on nuanced medical evidence, and a medical malpractice lawyer who understands the standard of care in surgical recovery can build a stronger case on your behalf.
As a postoperative negligence lawyer in Indianapolis, Kelley works with medical experts across the country to evaluate whether your care met accepted standards. She also has a registered nurse on staff who can review your medical records with a professional eye.
Here’s what one of our former clients had to say about working with us:
“If you are looking for a medical malpractice attorney, I highly recommend Kelley Johnson. Kelley and her team exceeded my expectations and gave me exceptional representation. They go above and beyond with their expertise and knowledge in medical malpractice to secure a successful outcome. They responded to my case with compassion and dedication and kept me informed about each step of the process. They are an outstanding legal team.”
– Sherry B.
Postoperative negligence claims require a careful review of medical records, testimony from medical specialists who understand the applicable standard of care, and a clear strategy for pursuing full and fair compensation under Indiana malpractice law. As your Indiana post-op malpractice attorney, Kelley can help with every aspect of this process by doing the following:
- Reviewing your medical records and surgical history in detail
- Consulting with qualified medical experts in the relevant specialty
- Filing your complaint with the Indiana Department of Insurance
- Representing you through the Medical Review Panel process
- Negotiating with insurers and the Indiana Patient’s Compensation Fund
- Taking your case to trial if a fair settlement isn’t offered
- Charging you no attorney fees unless we successfully resolve your matter
Contact us today for a free and confidential consultation.
What Is Postoperative Negligence?
Just as not every bad outcome constitutes medical negligence, not every difficult recovery is the result of a medical mistake. Surgery carries inherent risks, and complications can arise even when a provider delivers excellent care. Postoperative negligence occurs when a healthcare provider’s actions or inaction after surgery fall below the accepted standard of care and cause preventable harm as a result.
After any surgery, healthcare providers have a duty to monitor patients’ recoveries, recognize warning signs of potential complications, and respond appropriately. The accepted standard of care reflects what a reasonably skilled provider with the same training would do under similar circumstances. A breach of that standard occurs when a provider deviates in some way, whether through inattention, poor communication, or a failure to follow established protocols, as a few examples.
Preventable postoperative errors can take many forms, including the following:
- Failure to monitor vital signs after surgery
- Delayed diagnosis of internal bleeding
- Missed signs of infection or sepsis
- Improper wound care or closure
- Surgical instruments or sponges left inside patients
- Premature discharge from the hospital
- Failure to communicate follow-up instructions
- Medication errors during recovery
When a Postoperative Complication May Be Medical Malpractice
A poor outcome after surgery doesn’t automatically mean a provider committed malpractice. Courts and medical review panels look closely at whether the provider’s conduct fell below the accepted standard of care and whether that breach caused the injury.
The central question in most postoperative negligence claims is preventability. If another competent provider would likely have caught the complication in time to prevent serious harm, a failure to do so may qualify as malpractice. However, if the complication was a known risk that occurred despite appropriate monitoring and care, that situation likely wouldn’t support a claim.
Medical expert testimony plays a central role in these cases. Indiana law requires malpractice claims to include supporting testimony from a qualified medical expert who can speak to the applicable standard of care, explain how the provider may have deviated from it, and connect that deviation to your injury. As a seasoned Indianapolis surgical negligence lawyer, Kelley works with specialists across the country to secure the strongest possible expert testimony for malpractice claims.
Indiana Medical Malpractice Laws and Postoperative Negligence Claims
Indiana’s malpractice laws prescribe a detailed process for pursuing a claim against a healthcare provider, and missing a single required step can jeopardize your case. The Indiana Medical Malpractice Act governs claims against “qualified” healthcare providers, meaning those who carry malpractice insurance and pay into the state’s compensation system.
Most claims against a qualified provider must first go through an Indiana Medical Review Panel overseen by the Indiana Department of Insurance. This panel must consist of one attorney and three healthcare providers usually in the same specialty as the defendant. The panel reviews the evidence and issues an opinion on whether malpractice occurred. This opinion isn’t binding, but it can carry substantial weight in settlement negotiations or at trial.
If your claim involves a qualified provider and is worth more than $500,000, the Indiana Patient’s Compensation Fund may cover a portion of your award. The provider is responsible for the first $500,000, and the fund can pay the remaining balance up to $1.3 million, for a total possible recovery of $1.8 million.
Indiana generally gives you two years from the date of the malpractice to file a claim, though exceptions can apply depending on the circumstances. Because the deadlines are strict and the claims process involves several complex requirements, it’s best to speak with an medical malpractice attorney as soon as possible if you know or suspect you have a claim.
Why Choose Our Indianapolis Postoperative Negligence Attorney?
Postoperative negligence claims demand meticulous attention to medical detail and a clear understanding of Indiana’s malpractice laws. Attorney Kelley J. Johnson brings nearly 20 years of focused experience to every case she handles, along with a dedicated legal team that includes a full-time registered nurse. She has recovered millions in verdicts and settlements for injured patients and their families throughout Indiana, and she treats every client with the compassion and attention they deserve.
If a healthcare provider’s negligent postoperative care caused you or a loved one serious harm, contact the Law Office of Kelley J. Johnson for a free case review now. Let a reputable Indianapolis post-surgery malpractice attorney fight for the compensation you’re owed.
