Medical Malpractice Lawyer Indianapolis, IN
Our Indianapolis, IN medical malpractice lawyers know that medical malpractice claims are some of the most difficult types of personal injury claims to manage. At Ward & Ward Law Firm, we know that victims of medical malpractice accidents are facing many uphill battles. If you or someone you love was the victim of medical malpractice, whether, from a doctor or a dentist, or even a nurse, you may be wondering if you are able to file a lawsuit to recover your financial losses. Although these kinds of civil suits can be extremely complex and time-consuming, it may be possible to recover the money that you’ve lost due to the medical professional’s poor judgment. Before you take legal action of your own, our attorneys at Ward & Ward Law Firm strongly suggest you hire a medical malpractice lawyer that Indianapolis, IN residents, rely upon.
What is medical malpractice?
Medical malpractice can occur when a provider fails to provide the legal standard of attention and care in their profession. Medical providers, such as doctors and nurses, have a duty of care towards their patients. When a medical professional fails to provide that minimum level of care and injures a patient, that patient may be able to file a medical malpractice lawsuit. At this point, it may be in your best interest to discuss your case with an Indianapolis, IN medical malpractice lawyer to discuss the next steps.
The required elements of a medical malpractice claim
Malpractice cases are incredibly complicated because there are several components that an injured plaintiff must prove. First, they must prove that the medical professional had a responsibility to abide by a certain standard of care and failed to do so. Second, they must prove that this lack of care directly resulted in the injury. Similar to other types of personal injury claims, the plaintiff and their medical malpractice lawyer from Indianapolis, IN will have to show that the error or lapse in medical care could have been prevented or mitigated. In many malpractice cases, injured victims aim to prove this by showing that another medical professional, with similar experience and knowledge, would have known to act differently in order to prevent the injury.
Types of Medical Malpractice Cases
If you have experienced any of the following medical situations, you may want to consider hiring a trusted Indianapolis, IN medical malpractice lawyer.
- Misdiagnosis: If your condition worsened due to the doctor’s inability to diagnose you correctly, and if another medical professional would have been able to provide an accurate diagnosis, you may be entitled to compensation. Our medical malpractice lawyer available in Indianapolis, IN may be able to assist you in the legal process for your case.
- Surgical Mistakes: Surgical errors include removing the wrong organ, or leaving medical debris inside the patient. Anesthesia errors also justify filing a medical malpractice claim.
- Prescription Errors: This is especially common in hospitals, where nurses could easily mix up patients’ prescriptions.
- Failure to Inform: If a doctor did not inform you of the risks involved with your procedure or treatment, or if they failed to predict a potential drug interaction or risk, you may have a valid injury claim. If the medical provider recommended an inappropriate treatment or procedure, you will also want to reach out to a medical malpractice lawyer in Indianapolis, IN.
How Do I File a Medical Malpractice Claim?
You may be able to file a medical malpractice claim when a doctor, medical professional, or medical facility injures you or a loved one. Doing so might feel a bit daunting, especially if this is your first time trying to navigate the legal system. It must be noted that it is very risky for a lay person to pursue a claim like this without legal representation. You should choose to have a medical malpractice lawyer Indianapolis, IN relies on to represent your malpractice suit and advocate on your behalf to ensure your rights and interests are protected.
Discuss your claim with an experienced Indianapolis IN medical malpractice lawyer
Medical malpractice claims should be filed by an experienced attorney for the injured patient or their family member. In order to determine whether or not you have an eligible claim, it is recommended that you ask a medical malpractice lawyer in Indianapolis, Indiana. What they will look for first is to see if another medical professional, who is the same or similar profession, would have exercised the same care in a similar circumstance. If not, then you may have a case.
Five Steps to Understanding a Medical Malpractice Claim
1 – Know What Went Wrong
It might help to have an idea of what went wrong prior to pursuing legal action. Often, this gives the medical professional the opportunity to correct the mistake, if possible, at no cost. Whether this is even an option will largely depend on your circumstances.
2 – Contact the Medical License Board in the State of Indiana
Our medical malpractice lawyer in Indianapolis, IN wants you to be aware that while you cannot receive monetary damages from your states’ medical licensing board, it’s important to let them know what happened. They may proceed with their own investigation which could result in fines, warnings, disciplinary measures, and even a suspension or revocation of the alleged medical license.
3 – Understand the Limits to File
In order to file a medical malpractice claim with the help of our medical malpractice lawyer in Indianapolis, IN, you must do so within the time limits of the state in which the incident occurred. If you miss this deadline, there is a good chance your case will be dismissed. By working with a medical malpractice lawyer that Indianapolis, IN trusts, you can feel confident in knowing the deadlines are met in a timely manner.
4 – Get a Medical Evaluation
More than likely you will need to get a medical evaluation from a third-party doctor. This will confirm, or invalidate, that your injuries were indeed the result of medical malpractice. A medical malpractice lawyer in Indianapolis, IN can help to arrange this.
5 – Contact an Indianapolis, IN Medical Malpractice Lawyer
Step 5 doesn’t have to be the last step. You can contact an Indianapolis, IN medical malpractice lawyer at any time. In fact, it can be the first thing that you do and may help you to proceed with your case as efficiently as possible. Bear in mind that there are many different types of lawyers; however, it is advisable to turn to a firm that has experience representing medical malpractice cases.
In general, if you think you were injured because of a medical professional’s wrongdoing, negligent actions, or malicious behavior, you should not delay in asking an experienced medical malpractice lawyer in Indianapolis, IN to review the circumstances of what happened.
Contact Ward & Ward Law Firm
If you or someone you love has been injured at the hands of a medical professional, you may be able to recover your financial losses. Contact Ward & Ward Law Firm today to set up a free consultation with a medical malpractice lawyer Indianapolis, IN families know and trust.
An Indiana Medical Malpractice Lawyer You Can Rely On
With more than 9 decades of combined professional experience, our team of medical malpractice lawyers in Indianapolis, IN have spent years in actual courtrooms. We have fought for victims who have experienced medical errors and won nearly every case. That being said, many cases don’t ever make it to the courtroom, often these cases are settled out of court and for maximum damages. Ward & Ward Law Firm has the resources needed to hire investigators, specialists, and expert witnesses which are often necessary to prove a medical malpractice case. If you or a loved one has been injured because of medical malpractice, you might feel confused and overwhelmed about what you should do. Calling an Indianapolis, IN medical malpractice lawyer should be your first decision.
Medical Malpractice Explained
Medical malpractice refers to medical negligence committed by a medical doctor, nurse, specialist, pharmacist, technician, or another healthcare provider that has resulted in injury or harm. There are many types of medical malpractice, and no two cases are exactly alike; however, it is possible for a case to be part of a class-action lawsuit or multidistrict jurisdiction suit. If you suffer from an unnecessarily prolonged illness because of a misdiagnosis, it is advisable you ask an Indianapolis, IN medical malpractice lawyer to review your case.
Suing a Hospital or Medical Professional When You Signed a Waiver
Regardless of treatment, a level of risk always exists. For that reason, medical providers require patients or guardians to sign waivers before they undergo a procedure. These will likely ask the patient that they understand what to expect and any associated risks. Although a waiver might read as if you are indemnifying the professional or hospital of any liability or negligence, this is not necessarily true. Medical waivers can protect a hospital or medical professional. However, Charlie Ward, a medical malpractice lawyer from Indianapolis, IN will tell you there are ways in which a malpractice victim pursues an injury claim. These cases are often complicated, so anyone who believes they are a victim of medical malpractice should consult a medical malpractice lawyer from Indianapolis, IN.
Time Limits to File a Case
Depending on where you received treatment will depend on the length of time you have to file a claim. The statute of limitations generally runs two years after the act of malpractice or when you knew or should have known that an injury occurred. Some states have less or more than this average. Our trusted medical malpractice lawyer in Indianapolis, IN wants you to know that if you miss the statute of limitations, there is a good chance your case will be thrown out of court.
Statute of Repose
Furthermore, some states impose a separate time restriction on medical malpractice – with Florida being one of them. The Statute of Repose means a malpractice victim cannot file a claim against a provider after a fixed period of time. The time runs from the date of the act of malpractice. For example, in Florida, the statute specifies a period of four years from the date the negligence occurred. An act of fraud or misrepresentation, and children under the age of 8 are exceptions to the 4-year statute of repose.
Exceptions to Time Limits
There are of course exceptions to all-time limits, including cases of fraud, misrepresentation, or concealment. In select cases, the general time limits may not apply to birth injuries. A medical malpractice lawyer can explain these to you in further detail. Our Indianapolis, IN medical malpractice lawyers can explain Indiana’s statute of limitations.
Injuries that were the result of medical malpractice call for the help of Ward & Ward Law Firm to ensure that your case is properly managed. Contact our medical malpractice lawyer that Indianapolis, IN trust, today.
Medical Malpractice Law Firm Indianapolis, IN
A medication error may lead to the inappropriate use of medication and causes harm to the patient or consumer. Mistakes in prescribing, dispensing, and administering medicines cause injury to hundreds of thousands of people every year. Fortunately, the legal team from the Indianapolis, Indiana medical malpractice law firm of Ward & Ward Law Firm has the knowledge and experience to hold medical professionals who make medication errors accountable for their wrongdoing.
About Medication Errors
Medication errors are typically associated with administering prescribed medicines. However, medication errors occur in all aspects of the distribution process, including:
- Prescribing of the medication
- Packaging of the drug
- Repackaging of the medicine
- Dispensing of the medication
- Administration of the medicine
- Monitoring of the patient while he or she is on the drug
According to the United States Food and Drug Administration (FDA), the most common reasons for medication errors is:
- Poor communication among pharmacists and medical providers
- Ambiguities in the names of products, descriptions of them, or medical abbreviations and writing that lead to confusion
- Poor medication handling techniques and procedures
- Patient misuse
Common Medication Errors
Some common medication mistakes include:
Administering the wrong drug
Confusion surrounding medicines with similar names accounts for up to one-quarter of medication errors. Now and then, a pharmacist sells a prescription that is harmful to their patient/customer. This may be due to a poorly-written prescription, illegible writing, similar medication names, or carelessness. Patients given a drug in error may suffer a number of harmful side effects including life-threatening allergic reactions.
An improper dosage is a mistake that can prove deadly and often occurs when communication fails. Poor penmanship and a lapse in concentration cause adverse patient reactions.
Incorrect method of administration
Using the wrong method for administering medication can have dire health implications. Failing to deliver a drug correctly is a combination of poor communication and lack of concentration.
Get Help from an Indianapolis, IN Medical Malpractice Law Firm for Medication Errors
Prescription drug errors and mistakes are a type of medical malpractice. Medical malpractice typically centers around medical negligence. You may receive monetary compensation if you receive the wrong medication. If you believe you’ve been the victim of a medication error, it is essential that you speak with one of our experienced and knowledgeable medical malpractice lawyer Indianapolis, IN families trust right away. At Ward & Ward Law Firm, our results do the talking. Experience, know-how, and determination get our clients monetary settlements and verdicts they deserve. Call us our medical malpractice law firm Indianapolis, IN clients, recommend scheduling a consultation.
Medical Malpractice and Other Injuries in Indianapolis
Take action when medical professionals fail to provide proper care
When you seek care at a medical facility, you expect professionals to provide proper care to aid in recovery. That does not always happen. And if you have suffered from medical negligence, speak with the skilled medical malpractice lawyers in Indianapolis. At Ward & Ward, we have years of experience in medical malpractice law and are ready to help you seek compensation for your injuries.
Dealing with a medical malpractice issue
The emotional, mental and physical impact of medical malpractice can be devastating to you or a loved one. Yet the Indiana Medical Malpractice Act places a cap on malpractice claims in an effort to keep insurance rates low. This law also includes the following stipulations:
- With few exceptions, your attorney must file a medical malpractice claim within two years from the alleged act.
- The law does not require physicians to have malpractice insurance. But they must have it to qualify for the capped liability law.
- Patients must file their complaints with the Indiana Department of Insurance and have their cases reviewed before they can sue. This panel determines if the case will go to court.
The term ‘medical malpractice’ can take a number of forms, including injuries and death caused by injuries. Are you eligible to pursue compensation due to malpractice? Seek the advice of an attorney with Ward & Ward to find out.
Recovering from errors, injuries, and neglect
Since 2006, the Indiana State Department of Health has used a robust medical error reporting system. The agency tracks and records mistakes occurring in the field of medicine. They study current practices and look for ways to improve the level of care provided to patients.
Currently, state law mandates that the total compensation provided through the final claim cannot exceed $1.25 million. The result of your case may depend on the specific medical professional and their history, per the Indiana database. See Charlie Ward’s article explaining Medical Malpractice Tort Reform in Indiana.
Other important medical malpractice issues
Birth injuries are another major form of medical malpractice. The most common types of birth-related injuries and resulting illnesses include the following:
- Cerebral palsy caused by a lack of oxygen
- Bleeding in the brain
- Sprains, strains, and fractures
- Head and spine injuries
In addition, when nursing homes and hospitals fail to provide the proper care, elderly individuals also suffer injuries and death. Negligence of the elderly is often due to neglect, medication errors, and physical or sexual abuse. In many cases, these patients cannot defend themselves and are unable to report the abuse themselves. Indiana has statutes that require medical professionals to report nursing home abuse to Adult Protective Services immediately.
Speak with a compassionate Indianapolis medical malpractice lawyer
Don’t wait to speak with a knowledgeable and attentive attorney after medical malpractice impacts you and your family. Call Ward & Ward today at 317-639-9501 or contact us online to set up your free initial consultation. Our Indianapolis office is open during normal business hours, but we’re also available 24/7 if you need us.
*The Indiana Supreme Court recently expanded the term “Patient.” Learn more about this important Medical Malpractice Act ruling.