Attorney Kelley Johnson has been litigating medical malpractice claims in Indiana for over 15 years. Kelley understands the profound impact that medical errors can have on a family and the quality of life for an individual person.

If you are considering whether or not to pursue an Indiana medical malpractice claim the following is a list of some common questions that you may have.

Informed Consent in Indiana

Patients and their families expect a healthcare professional to be skilled in the area of medicine that they practice and to act on behalf of the best interests of the patient. However, this does not mean that a physician, surgeon, or other type of healthcare provider does not have a duty to explain treatment options to a patient prior to treatment. Patients have a right to make an informed, voluntary decision about their care. They need to know the risks and benefits associated with recommended treatment – as well as the decision to refuse treatment — so they can make an informed decision about their healthcare. Failure to gain informed consent of a patient in Indiana is considered a form of medical malpractice.

If you are considering whether or not to pursue an Indiana medical malpractice claim the following is a list of some common questions that you may have.

How do I know if I’m a victim of medical malpractice?

• If you suspect medical malpractice, you should find another health care provider who can address your health needs. A second, or even third opinion can give clarity about the treatment you suspected to be malpractice.
• Contact an experienced medical malpractice attorney who can provide you a case evaluation.

What are symptoms of medical malpractice?

• The doctor made an error in prescribing medicine to you (too much/wrong kind)
• The surgeon made an error that resulted in an injury to you
• The surgeon left an instrument or object inside of you during surgery
• The physician failed to diagnose your illness or condition that resulted in an injury
• The physician did not provide a timely diagnosis which resulted in an injury
• The doctor or surgeon performed unnecessary surgery on you
• The physician failed to obtain your informed consent on a medical procedure that resulted in an injury

This is not an exhaustive list of symptoms of medical malpractice.

How long do I have to file a medical malpractice case?

The statute of limitations – the time a person has to file a lawsuit — in Indiana for a medical malpractice claim is two years. However, some circumstances may allow this timeframe to be extended. And in some cases, as with medical malpractice affecting your child, the statute of limitations is different. If your child under the age of six is a victim of medical malpractice, you may only have until the child turns eight years old to file your claim. Children older than six years of age may only have two years in which to file a claim. If you suspect medical malpractice you should immediately contact an experienced Indiana medical malpractice attorney to determine whether or not you can bring a claim.

How much is my medical malpractice case worth?

Each case is unique. The severity of your injuries along with detailed information of your medical treatment are needed to evaluate the potential value of your case.

How much does it cost to file a medical malpractice lawsuit?

Attorney Kelley Johnson offers free medical malpractice case evaluations. There is no cost to discuss your potential case. Also, if you decide to pursue a medical malpractice claim, you will not pay anything up front. Your case will be handled on a contingency basis which means that your legal fees will be paid out of your settlement or verdict. If you do not win your case, you will not owe any fees.