Seeking Justice After Suffering from Medical Malpractice
Our Indianapolis, IN medical malpractice lawyer knows that medical malpractice claims are some of the most difficult types of personal injury claims to manage. At Ward & Ward Personal Injury Lawyers, 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, a dentist, or even a nurse, you may be wondering if you can 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.
Table of Contents
- Seeking Justice After Suffering from Medical Malpractice
- Types of Proof Necessary to Win a Medical Malpractice Case
- Types of Medical Malpractice
- Indianapolis Medical Malpractice Infographic
- Indianapolis Medical Malpractice Statistics
- Indianapolis Medical Malpractice FAQs
- Ward & Ward Personal Injury Lawyers, Indianapolis Medical Malpractice Lawyer
- Contact Our Indianapolis Medical Malpractice Lawyer Today
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. It encompasses a broad range of cases because many kinds of medical errors can result in harm to a patient. A medical professional does not have to commit a deliberate act to be for medical malpractice to occur. There are many types of medical malpractice, and no two cases are exactly alike; however, a case can be part of a class-action lawsuit or multidistrict jurisdiction suit. In general, a medical misdiagnosis can cause an illness greater than the correct diagnosis. It is advisable to ask an Indianapolis, IN medical malpractice lawyer to review your case.
Suing a Hospital or Medical Professional When You Signed a Waiver
Regardless of the treatment you will receive, there is always a certain level of risk. In general, before a patient undergoes a procedure, they will sign various waivers. These waivers will ask the patient if they understand what to expect and the procedure’s 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, a medical malpractice lawyer from Indianapolis, IN will tell you there are ways in which a medical malpractice patient can pursue an injury claim. These cases are often complex, so anyone who believes they are a medical malpractice victim should consult a lawyer.
Time Limits to File a Case
Depending on the state where you received treatment will depend on the length of time you have to file a claim. With this in mind, the average statute of limitations is two years from the date on which you knew or should have known of the injury. Some states have less or more than this average.
Furthermore, some states impose a separate time restriction on medical malpractice (a statute of repose) – with Florida being one of them. An injured victim of medical malpractice cannot file a claim or lawsuit against a healthcare provider after a certain period of time after the malpractice happened. For example, in Florida, this statute is four years. If you did not realize within four years that you were a victim of malpractice, you may not have the opportunity to seek damages.
Types of Proof Necessary to Win a Medical Malpractice Case
No plaintiff ever triumphs in court without proof, and medical malpractice cases are no exception. If you’re the victim of a physician’s negligence, the burden rests on your shoulders to provide evidence of what you’re alleging. Here are the types of verification necessary for your legal arsenal.
Medical Documentation
Building your legal argument begins with showing that you received treatment. Without this, winning is impossible. Save every piece of paperwork associated with your medical treatment. Maybe you’ve lost or discarded vital medical records. Recover them by making formal requests. Hospital representatives may be reluctant to produce evidence that weakens the institution’s defense. A great medical malpractice lawyer in Indianapolis, IN, will have the skills necessary to burst through any obstacle they present. The attorneys at Ward & Ward Personal Injury Lawyers, for instance, know what’s required to deal with bureaucratic anomalies.
Medical Experts
Witnesses often testify in medical malpractice lawsuits. Those familiar with hospital protocol and surgical practices are typically the ones needed. Getting the cooperation of the best medical experts in the industry is a challenge under any circumstance. It’s even harder without a legal representative who can guide you to the best individuals. A successful medical malpractice lawyer in Indianapolis will have contacts that make securing professional testimony much easier. Keep in mind that these medical authorities are often expensive.
Medical Journals
The written words of medical specialists can be highly relevant in court. Attorneys representing plaintiffs often rely on articles from academic journals to prove their clients deserve compensation. The right ones can explain, in detail, why it is that the standard protocol wasn’t followed. Locating these writings is a tricky task for the uninitiated. Let a medical malpractice lawyer handle the job on your behalf. Verify that your attorney is comfortable with the sort of tricky medical language found in these pieces. Translating one to a jury could be an essential aspect of winning your case.
It’s impossible to get a judge to rule in your favor if you fail to provide concrete proof that what you say is true. Gathering such data is easier when you have a medical malpractice attorney by your side. If possible, allow this person to helm the responsibility entirely for you.
Types of Medical Malpractice
An experienced lawyer can tell you that there are many reasons that a medical error may occur, which can be grounds for a lawsuit. Though not all cases of negligence can amount to malpractice, if the injury was preventable and would not have occurred were it not for the actions or inactions of a medical professional, the victim has the legal right to file a medical malpractice claim.
- 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. An incorrect diagnosis is a common cause of medical malpractice. Our medical malpractice lawyer may be able to assist you in the legal process for your case. The following are some types of errors commonly made that are the focus of medical malpractice cases.
- Surgical Mistakes
Patients expect to receive the highest quality care whenever they see a doctor or specialist, especially when they need to go through surgery. Errors made before, during, or after surgery are frequent among medical malpractice claims. This is when a surgeon operates on or removes the wrong organ, or when a piece of medical equipment is accidentally left inside the patient. Such medical mistakes can cause an unsuccessful surgery or long-term health complications that could require more treatment and care. These mistakes could have been avoided if the medical professional had been more thorough and attentive. Anesthesia errors may also justify filing a medical malpractice claim.
- Prescription Errors
This is especially common in hospitals, where nurses could easily mix up patients’ prescriptions. If a customer takes the wrong kind of medication, they can experience side effects or other life-threatening health issues that can be permanent. Pharmacies and pharmaceutical companies can also be pursued for malpractice if workers fail to supply the wrong prescription, mix up prescriptions, or provide the incorrect dosage.
- Failure to Inform
A doctor or other medical professional is responsible for giving patients accurate and detailed information about any kind of medical procedure or treatment option. Patients rely on medical professionals to give them information so that they can make informed decisions about their healthcare. When a patient has not been given adequate information, they could suffer health issues. If a doctor did not inform you of the risks involved with your procedure or treatment or failed to predict a potential drug interaction or risk, you may have a valid injury claim. Also, when the medical provider recommends an inappropriate treatment or procedure, you will want to reach out to a medical malpractice lawyer.
- Failure To Treat a Condition Properly
The Hippocratic Oath requires doctors to do no harm, but they are not upholding their oath if they fail to provide treatment for any type of medical condition. You deserve compensation if your health worsened after a doctor failed to recognize symptoms and provide treatment.
- Birth Injuries
With modern medicine, childbirth is a relatively smooth procedure. However, as with any other type of medical procedure, there are always risks. If your doctor was unable to provide adequate care during a complication with childbirth or used too much force or the wrong instrument when trying to fix a problem, your child may have sustained injuries.
- Prescription Drug Errors
There are many types of prescription drugs, and new ones hit the market regularly. It can be hard for a doctor to keep up with so many types of medicine, but it’s essential to know what each patient is taking to help with symptoms. If a doctor prescribed the wrong type or dosage of medication, you may need to pursue legal action.
Indianapolis Medical Malpractice Infographic
Medical Malpractice Law Firm Statistics
According to the Indiana Department of Insurance, there were 752 medical malpractice complaints filed in Indiana in 2021. The law firm of Ward & Ward Personal Injury Lawyers has the resources necessary to hire investigators, specialists, and expert witnesses to prove a medical malpractice case.
Indianapolis Medical Malpractice FAQs
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 toward 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.
How Do I File a Medical Malpractice Claim?
If you or a loved one has been injured by a doctor, medical professional, or medical facility, you may be able to file a medical malpractice claim. 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, in general, it is very risky to pursue a claim like this on your own. A medical malpractice case is one of the more difficult cases to handle successfully. Evidence for malpractice cases needs to be incredibly persuasive and establish a clear link between the medical professional’s actions and the patient’s injury. Because of this, obtain a lawyer who has a record of obtaining excellent results for malpractice victims.
What Should I Do if I Have Suffered from Medical Malpractice?
Below are actions that a patient who has suffered an injury due to the substandard care of a medical professional can do. By doing these steps, you can strengthen your case and increase your chances of obtaining financial compensation to recoup your losses.
It might help to have an idea of what went wrong before pursuing legal action. Often, this allows the medical professional to correct the mistake, if possible, at no cost. Whether this is even an option will largely depend on your circumstances.
To file a medical malpractice claim with the help of our medical malpractice lawyer in Indianapolis, 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. 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.
What Does a Medical Malpractice Lawyer Do?
You are entitled to certain rights as a medical patient. One of those is obtaining standard medical care. Doctors train extensively to learn what that standard is. If they ignore their training and provide you with substandard care, they’ve committed medical negligence.
You are entitled to file a medical malpractice claim if you receive negligent medical care. A claim can help you get compensation for lasting injury. However, getting your compensation can be a lengthy, complicated process. Insurers and medical practices can push back.A medical malpractice attorney can help you prove medical negligence, build a case, and navigate the claims process.
Ward & Ward Personal Injury Lawyers, Indianapolis Medical Malpractice Lawyer
728 S Meridian St, Indianapolis, IN 46225
Contact Our Indianapolis Medical Malpractice Lawyer Today
Don’t wait to speak with a knowledgeable and attentive attorney after medical malpractice impacts you and your family. Call Ward & Ward Personal Injury Lawyers 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. Don’t hesitate any longer to speak with our trusted Indianapolis medical malpractice lawyer.