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Indianapolis Medical Malpractice Lawyer

Visiting the doctor is important for maintaining good health and wellness. Doctors and patients develop unique relationships based on individual health factors. Doctors and other medical professionals have a duty to their patients to practice medicine with the degree of skill, care, and diligence that a reasonably competent professional would under the same or similar circumstances. The main premise behind medical malpractice is negligence by a medical professional. When the appropriate standard of care is not met, medical professionals breach their duty and fail to live up to the standard. If you have been injured as a result of negligence by a medical professional in Indiana, contact Attorney Richard Batesky today for a complimentary case evalation!

We have nearly three decades of experience fighting medical malpractice cases in Indiana.

You Might Have A Case If...

Medical errors result in roughly 250,000 deaths each year.

There was a professional relationship established between you and a medical professional.

There was a legal duty for the medical professional to provide care or treatment.

The medical professional failed to provide a standard of care, thus breaching the duty.

There was an injury that was directly caused by the breach of duty.

You suffered damages because of the breach of duty.

Our Personal Approach

Medical malpractice can result in serious personal injury or wrongful death. It is usually a result of negligence, in which the physician or staff does not perform up to professional standards. Medical malpractice cases can be brought against physicians for any of the following reasons:

  • Birth Related Injuries
  • Medication errors
  • Improper or misdiagnosis
  • Lack of informed consent
  • Surgical procedure error
  • Medical instruments left inside the patient after surgery

Medical Malpractice is always preventable. It occurs as a direct result of negligence or carelessness from a medical professional. Proving negligence is the most important aspect in a medical malpractice or personal injury case.

At Batesky Law Office, we will carefully investigate your case so that you can secure compensation for your medical injury or injuries. The first step is to determine the underlying cause of the injury that occurred. We will carefully look through your records to look for signs of negligence or misconduct that is directly connected to your case.

If you or a loved one suffered an injury due to the hands of a negligent medical professional, then you need an Indianapolis medical malpractice lawyer! Contact Indianapolis Medical Malpractice Lawyer Richard Batesky the today!

Since an initial case consultation and evaluation of your Indiana medical malpractice claim is free of charge, you have nothing to lose and everything to gain by having us review your claim.

Types of Medical Malpractice


The first step when visiting a doctor or hospital is the establishment of a diagnosis. Correct diagnosis of symptoms is critical to providing effective medical care to any patient. Occasionally, there is an error in diagnosis when symptoms are not readily apparent or telling.

The most common types of misdiagnosis include:

  • Infections
  • Tumors
  • Heart Attack
  • Pulmonary Embolism
  • Heart Disease
  • Failure to Recognize Meningitis
  • Failure to Diagnose Appendicitis

The consequence of misdiagnosis can be life threatening or fatal. If a patient is not properly treated due to a mistake in the diagnosis, the medical professional can be held liable for any further injury or damages.

Birth Injury

Pregnancy and childbirth are among the most devastating types of medical malpractice. Expecting parents joyfully anticipate the arrival of their child. Preparing the nursery, washing the baby clothes, stocking up on diapers, and planning for every detail are all part of what makes pregnancy and childbirth special.

The one thing that expecting parents cannot plan for is a birth injury caused by the doctor or hospital’s negligence. The leading types of medical issues that stem from birth injury include:

  • Excessive Vaginal Bleeding
  • Placental Abnormalities
  • Gestational Diabetes
  • Excessively Long Labor
  • Preeclampsia
  • Surgical Negligence During Caesarian
  • Premature Babies

These are only some of the problems that can occur during pregnancy, labor, and delivery. Medical malpractice is always based on negligence. It is important to note that pregnancy is complex and just because a pregnancy and/or delivery did not go as expected does not mean that malpractice was committed.

Surgical Errors

Surgical errors can have significant effects on a patient’s quality of life. There is a common misconception that because a patient signed a consent form acknowledging the risks or complications they are not able to sue for injuries. The most common examples of surgical errors include:

  • Performing the incorrect procedure
  • Performing unnecessary surgery
  • Damaging organs, nerves, or tissues during surgery
  • Administering the incorrect amount of anesthesia
  • Using non-sterile equipment
  • Leaving medical equipment inside the body cavity
  • Providing inadequate care after surgery

Surgical procedures require a great amount of skill, and even the smallest mistake can have great impact on the patient’s health. Proving negligence is important in medical malpractice cases.

Medical Product Liability

Medical professionals are not the only liable ones in some malpractice cases. Some patients experience pain and discomfort because the medical device used was defective or poorly designed. When faulty medical devices do not work as promised, they can cause injury to patients who receive them.

Medical devices are used to treat disease, illness, injury, or disability. Medical devices that have recently run into medical and legal problems include:

  • Defibrillators
  • Stens
  • Implants
  • Contraceptive Devices

Unfortunately, faulty medical devices often result in injury to many patients before the defects are discovered. If the manufacturer knew or should have known about the defect, then they can be held liable to the victims. If you have experienced an injury caused by negligence or faulty devices, contact Batesky Law Office for a complimentary case evaluation today!

Medication Errors

Medication errors are one of the most common forms of medical malpractice. Medication errors can result from medical professionals administering the wrong medication or too little or too much medication.

The most common types of medication errors are:

  • Overprescribing
  • Administering the wrong drug
  • Failure to recognize harmful drug interactions
  • Improper dosage
  • Pharmacy giving out wrong medication

Medication and prescription drug errors are caused by a number of different actions on the part of a healthcare professional. The main cause of medical malpractice always comes down to negligence. A hospital or healthcare provider’s failure to exercise the degree of care and skill of a competent health care provider can result in costly litigation for medical malpractice cases. If you believe you have been a victim of malpractice, do not hesitate to contact Batesky Law Office today!

Causes of Medical Malpractice

  • When a healthcare provider diagnoses a patient incorrectly, the results can be life-changing for the patient.
  • Medical malpractice can occur if a doctor fails to diagnose a condition that should have been easy to identify.
  • When a patient receives the wrong diagnosis, they can receive unnecessary medical treatment for the wrong condition which can cause painful side effects.
  • Surgical errors can include a whole array of issues including inadequate care, not following procedures, and leaving objects in the body.
  • Anesthesia is a necessary part of surgical procedures. Errors in dosage, prolonged sedation, and failure to monitor the patient can all lead to medical malpractice.
  • Patients have the right to make informed decisions about their health and procedures that they may undergo. Doctor's have a duty to thoroughly discuss the patient's diagnosis, treatment, and obtain informed consent.
  • Infections are the most common and serious complications of hospital care.
  • Incorrect medication administration, dosage, and combinations are all common medication errors.
  • Evidence shows that when healthcare workers are fatigued, they are more likely to make medical errors.

2 Million+

Healthcare associated infections each year

Misdiagnosis is the leading type of physician error.

Legal Steps for Medical Malpractice Claims in Indiana

If you have been injured due to negligence while receiving care from a healthcare professional, then it is important to understand that these cases have strict time limits. You must file a lawsuit within two years from the date of the injury.

There are several options when choosing who to sue in a medical malpractice case. Typically, lawsuits are filed again several parties such as the individual healthcare professional, the lawyer, pharmaceutical companies, and medical device manufacturers.

Your lawsuit will officially begin when you file a complaint at your local courthouse. This will happen after your initial consultation with your Indianapolis Medical Malpractice Attorney Richard Batesky. We don’t get get until we win your case!

Medical malpractice cases are based on medical negligence. When the standard of care is breached, a patient is at risk for becoming injured. A physician must also secure his or her patient’s consent before beginning a treatment. The patient must understand what they are consenting to and it cannot be coerced.

Medical malpractice cases are complicated and encompass many laws and regulations. Damages that can be recovered include medical bills, lost wages, and pain and suffering. Indiana places a cap for total damages recovery at $1.25 million.

FAQs for Medical Malpractice Claims in Indiana


What constitutes medical malpractice in Indiana?


Medical malpractice is negligence, either by act or omission, that is committed by a healthcare provider. There are many contributing factors to medical malpractice and your Indianapolis negligence attorney can answer all of your questions.


Do I have to wait to file a medical malpractice lawsuit?


It is best to seek legal advice as soon as you suspect that a medical error or neglect has caused serious harm. An experienced attorney can help obtain all relevant information that is needed for you case.


How long do I have to file a medical malpractice lawsuit in Indiana?


In Indiana, you have two years from the date of the medical error or negligence to file a lawsuit.


How long does a medical malpractice typically take?


Generally, it takes about one to three years from the time the complaint is filed until the medical review panel renders a decision. These times vary based on the parameters of the case such as depositions and disputes.


How do I know if I have a medical malpractice claim?


If you suspect that you have suffered injuries as a result of negligence from a healthcare professional, you should contact an experienced medical malpractice attorney. Medical malpractice lawsuits are very complex and will provide a complete investigation into your medical records.


Who can be held accountable for medical malpractice?


A medical malpractice claim can be pursued against those who provide medical or healthcare to a patient. These claims can be brought against individuals, partnerships, professional associations, and corporations.

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