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. Because these cases can be so overwhelming, it’s often recommended to hire a medical malpractice lawyer that Indianapolis, IN residents, can rely on before taking any legal action.
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 next steps. Malpractice cases can be 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
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. 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. An incorrect diagnosis is a common cause of medical malpractice. Our medical malpractice lawyer available in Indianapolis, IN 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 a frequent occurrence 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 was 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. If a patient does not have the adequate information, they could suffer health issues. 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.
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.
You may feel like giving up if you are filing on your own. A medical malpractice lawyer in Indianapolis, IN, can help you file a successful claim. The Ward & Ward Law Firm has many attorneys trained in medical malpractice. Read on to learn more about these types of attorneys.
They Can Prove Medical Negligence
You may not know what exactly went wrong in your medical procedure. They can happen quickly. In some cases, you may be under general anesthesia. Therefore, you may have no recollection of your operation.
A medical malpractice lawyer in Indianapolis, IN, can research your specific operation. They can ask you questions about your experience, as well as any after-effects. Their goal is to prove medical negligence. One way they do that is to connect your procedure to any lasting damaging injuries you have.
They Can Build a Case
A medical malpractice lawyer in Indianapolis, IN, can find many sources to help prove your case. They are in contact with outside medical professionals. These professionals can testify about how an operation should be completed. A lawyer can also call in witnesses, analyze medical records, or cite current research.
An attorney from Ward & Ward Law Firm has an array of tools to help prove your case. They can use any number of them, depending on your situation. Leaving them in charge can save you a great deal of time and energy.
They Can Navigate the Claim Process
You are likely exhausted, drained, and in pain from your medical malpractice injuries. A medical malpractice lawyer knows how to work through a claim. It is their job to know the ins and outs of this process.
A medical malpractice attorney can advise you on what decisions to make when the time comes. In the meantime, be gentle with yourself. You suffered from some injuries. Your time and energy are precious. With a lawyer involved, you can focus on your recovery instead.
3 Questions to Ask Your Attorney
No matter how you got injured, it’s perfectly normal to have questions.
1. How Much Do Your Services Cost?
One of the first questions you should ask your personal injury lawyer in Newport News, VA, is how much they’ll charge you. Some attorneys charge by the hour, while others charge a flat rate. If you know how much your lawyer charges early on in your case, it’ll be much easier for you to plan out your finances. Depending on how long your case lasts, you could potentially be looking at a higher fee than expected. Ask your attorney if they can do any form of payment plan for your case. Paying on a schedule could help you stay on top of your finances as your case goes on. The more you know about how much the legal proceedings will cost you, the better you can plan out the next few months.
2. How Will You Contact Me?
At every stage of your case, you should be able to contact your Waterman Law Centers, PLLC attorney. When your case is first getting started, make sure you ask your lawyer how best to contact them. Between you having questions for your attorney and them keeping you updated on your case, having an open line of communication is a vital part of your case. As your case progresses, your personal injury lawyer in Newport News, VA, will need to keep you updated. Talk to your attorney and find out how you can stay in contact to receive any important information. Having an open line of communication with your lawyer could make the difference between a win or a loss in your case.
3. How Long Will The Case Take?
Another question you can ask your personal injury lawyer in Newport News, VA, is how long your case will take. While they may not be able to give you an exact answer, your Waterman Law Centers, PLLC attorney can give you a time estimate for your case. Depending on the nature of your accident, your case could last anywhere from a few weeks to several months. An experienced lawyer can help you plan a timeline for you to follow to ensure the greatest success of your case. Of course, there’s no way for anyone to know exactly how long the legal proceedings will take, so don’t be surprised if your timeline changes. Although court cases are unpredictable, having a rough estimate of how long you’ll be waiting for a verdict may help you plan the upcoming weeks.
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, because it involves many complexities, such as the healthcare system. Evidence for malpractice cases need 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. You should choose to have a medical malpractice lawyer Indianapolis, IN relies on to handle your malpractice suit and stand by your side to ensure your rights and interests are protected.
Medical malpractice claims should be filed by 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. They will thoroughly assess your case and determine what damages you can recover, as well as explain the most effective legal strategies that are likely to secure you a positive case outcome. 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.
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.
- 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.
- 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.
- 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.
- 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.
- 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 who has experience representing medical malpractice cases.
In general, if you think you were injured because of a medical professionals 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.
Types of Proof Necessary To Win Medical Malpractice Cases
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 needed in your legal arsenal.
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 Law Firm, for instance, know what’s required to deal with bureaucratic anomalies.
Witnesses are often called on to 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, IN, will have contacts that make securing professional testimony much easier. Keep in mind that these medical authorities are often expensive. The legal eagles at Ward & Ward Law Firm may be able to secure a lower fee for their appearance than you’d otherwise be able to get.
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 in Indianapolis, IN, 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.
5 Common Types of Medical Malpractice
You trust your doctor to help you maintain good health. Unfortunately, doctors are human and sometimes make errors when it comes to providing medical care. If you have suffered an unfortunate setback in your health due to poor care from your doctor, it may be wise to seek out a medical malpractice lawyer in Indianapolis, IN. Here are the five most common types of medical malpractice.
There are thousands of health conditions. Many conditions have similar symptoms, so it id often difficult for doctors to pinpoint the cause of your health problems and make an accurate diagnosis. Misdiagnosis happens occasionally, but if it occured because your doctor failed to perform adequate testing before diagnosis, you may have grounds for legal action.
2. Surgical errors
Surgeons must be accurate and precise when they are cutting, removing and repairing your organs. Even the smallest error can leave you scarred and injured, so accuracy is essential. An error in surgery may entitle you to legal compensation for the damages you sustained.
3. 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.
4. Birth Injuries
With modern medicine, childbirth is a relatively smooth procedure. However, as with any other typ 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 make have sustained injuries.
5. Prescription Drug Errors
There are many types of prescription drugs, and new one hit the market on a regular basis. 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.
Doctors go to school for many years to gain the knowledge they need to treat patients properly. However, because they are human, doctors occasionally make errors in treating their patience. If you have experience any of the types of medical malpractice discussed above, it may be time for you to hire A medical malpractice lawyer in Indianapolis, IN, to pursue legal action.
Contact Ward & Ward Law Firm
Suffering an injury when you expect to receive quality care can be deeply traumatizing, and it can be hard to determine what the right course of action is. However, discussing your experience with a medical malpractice lawyer can help you get started. You want to be able to have the right legal representation because the stakes are so high in a medical malpractice case. 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. However, you need to act quickly because time is limited. 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. It encompasses a broad range of cases, because there are many kinds of medical errors that can result in harm to a patient. A medical professional does not have to commit a deliberate act to be pursued for medical malpractice. 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. In general, if you were misdiagnosed and you became more injured or sicker instead of getting better, 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 what type of treatment you have been given, there will be a certain level of risk involved. In general, before a patient undergoes a procedure, they will be asked to sign various waivers. 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, a medical malpractice lawyer from Indianapolis, IN will tell you there are ways in which a patient who has been affected by malpractice can pursue 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. That being said, the average statute of limitations is two years from the date on which 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.
Furthermore, some states impose a separate time restriction on medical malpractice – with Florida being one of them. This is known as a statute of repose. Basically, 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 affected by malpractice, and you found out in the fifth year, for example, you may not be able to seek damages at all. There are of course exceptions to all-time limits, including cases of fraud, misrepresentation, or concealment. In select cases, birth injuries may not be included in the general time limits. A medical malpractice lawyer can explain these to you in further detail. Our Indianapolis, IN medical malpractice lawyers can help to better explain the laws surrounding the statute of limitations in the state of Indiana. Experiencing 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 is an incident that leads to the inappropriate use of medication or causes harm while in the possession of a healthcare provider, 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, as an attorney from our medical malpractice law firm in Indianapolis, IN medication errors may occur in all aspects of the distribution process, including the:
- 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 account for up to one-quarter of medication errors. A patient who takes the wrong medication has likely been given the wrong medication from the pharmacy. This situation might be due to an unclear prescription, a physician’s illegible writing, similar medication names, or by a pharmacist grabbing the wrong medication. Patients given the incorrect medicine may suffer harmful side effects. They may have an allergic reaction to a drug wrongly provided. Additionally, when patients are given the wrong medication, their bodies may react in ways that cannot be anticipated ahead of time.
- Improper dosage
Giving an improper dosage of medication often results from communication failing. Whether it happens due to poor penmanship by the attending doctor, the incorrect dosage being written down, because a pharmacist or nurse had a lapse in concentration, or for any other reason, the improper dosage is a mistake that can prove deadly.
- Incorrect method of administration
Using the wrong method for administering medication can have dire health implications. Failing to deliver a drug correctly is a concerning combination of poor communication and lack of concentration by the medical professionals involved. Get Help from an Indianapolis, IN Medical Malpractice Law Firm Prescription drug errors and mistakes are a type of medical malpractice. Medical malpractice typically centers around medical negligence. If a medication error has harmed you, you might be entitled to monetary compensation for your losses. 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. We have the experience, know-how, and determination to get our clients the substantial monetary settlements and verdicts they need and deserve to get their lives back on track. Call us our medical malpractice law firm Indianapolis, IN clients recommend to schedule a consultation.
Medical Malpractice and Other Injuries in Indianapolis
Take action when medical professionals fail to provide proper car
When you seek care at a hospital, clinic or other medical facility, you expect medical professionals to provide you with the proper care to help you recover. That does not always happen, and if you or a loved one has suffered due to medical malpractice, speak with the skilled medical malpractice lawyers in Indianapolis right away. At Ward & Ward, we have years of experience in medical malpractice law and are ready to help you seek compensation for your injuries or medical conditions.
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, medical malpractice claims must be filed 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 complaint 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.
Medical malpractice can take a number of forms, so you should seek the advice of an attorney with Ward Ward to find out more about your particular case and if you might be eligible to pursue compensation.
Recovering from errors, injuries and neglect
Since 2006, the Indiana State Department of Health has used a robust medical error reporting system to track and record mistakes occurring in the field of medicine to study current practices and find out if there are ways to improve the level of care provided to patients. If you need to move forward with a medical malpractice lawsuit, 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 who made the mistake and the person’s history, per the Indiana database. See Charlie Ward’s blog 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 lack of oxygen
- Bleeding in the brain
- Sprains, strains and fractures
- Head and spine injuries
In addition, elderly individuals may suffer injuries or worsened conditions due to neglect, medication errors, physical or sexual abuse when hospitals and nursing homes fail to provide proper care. In many cases, these patients cannot defend themselves and are unable to report the abuse themselves. The state of Indiana has statutes in place that require medical professionals to report nursing home abuse issues to Adult Protective Services authorities 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.