Medical Malpractice Attorney Indianapolis, IN

Dedicated Indianapolis Medical Malpractice Law Firm

Since this page was posted, Indiana lawmakers have enacted changes in Indiana’s Medical Malpractice Law. To learn more about changes that benefit Indiana’s residents, visit our blog, 2016 Update on Indiana’s Medical Malpractice Act.

Take Action When Medical Professionals Fail to Provide Proper Care

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 Personal Injury Lawyers, 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 Personal Injury Lawyers 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.

What Happens When a Patient Is Discharged from the Hospital Too Soon?

Most people who end up in the hospital usually cannot wait to get home. After all, when you do not feel well, you just want to be in your home, in your own bed. But when a person is hospitalized, it is usually because they are very sick and need treatment or have had surgery and need to recover. These patients need to be monitored by medical professionals to make sure there are no medical complications that arise as they are being treated. Experienced medical malpractice lawyers know that one major issue today is that far too many patients are discharged from the hospital too soon. There are several reasons why this happens. In many facilities, there are serious issues with understaffing and overcrowding. This leads to a lower standard of care than a better run facility. These issues not only lead to discharging patients too soon but can also affect where emergency vehicles are forced to bring trauma victims. It is not uncommon for EMTs to have to bypass these facilities to ones that are further away. This delay in treatment can put a victim’s life at stake. Staffing and too many patients are not the only reasons why patients are sent home too early. This can also happen because medical staff make a mistake or are negligent in their discharging of the patient. Many of these patients end up being readmitted because their conditions worsen, or they develop medical complications. Examples of this can include:

An infant who is discharged before testing has been completed to determine if the baby has suffered a birth injury or an infection.
An adult who has undergone a procedure and is released before full monitoring or testing has been completed.

In order to prove malpractice in these cases, there are four factors that a malpractice attorney must prove. Without all four factors present, the party who is accused of malpractice can claim they were not negligence, just that they made a mistake. The four factors are:

The physician owed a duty of care to the patient.
That duty of care was breached.
That breach was resulted directly by the actions, behavior, or conduct of the physician.
The patient suffered harm as a result.

It is the breach of duty factor that can be the most difficult to prove in an early discharge malpractice case. The patient’s attorney must show that another physician with the same amount of experience and expertise as the physician who is accused of malpractice would not have discharged the patient as early as this physician did.

Speak with a Compassionate Indianapolis Medical Malpractice Lawyer

These can be complex cases to prove and require the legal skill and knowledge of a seasoned medical malpractice attorney. If you believe you suffered injury or illness because you were discharged too early, don’t wait to speak with a knowledgeable and attentive attorney after medical malpractice impacts you and your family. Contact Ward & Ward Personal Injury Lawyers to find out what your legal options may be. Call our office today to set up a free case evaluation with one of our medical malpractice lawyers Indianapolis, IN clients recommend. Our Indianapolis, IN office is open during normal business hours, but we’re also available 24/7 if you need us.

Medical Malpractice Lawyers Indianapolis, IN Can Trust

Indianapolis, IN medical malpractice lawyers understand there is an incredible amount of trust that is required to put your life in the hands of any medical professional. When that trust is violated and you sustain an injury as a result of negligence, you deserve to be compensated. Ward & Ward Personal Injury Lawyers is prepared to help you through this incredibly difficult process. Our medical malpractice lawyers Indianapolis, IN understand the emotional and physical toll that such an ordeal can have on an individual. In our many years of experience we have learned it is imperative to support our clients while holding negligent medical professionals responsible. The team at Ward & Ward Personal Injury Lawyers has extensive knowledge in medical terminology and the process that medical malpractice claims must endure. Ward & Ward Personal Injury Lawyers has put together some basic information to help you understand the legal requirements for a medical malpractice claim. Contact us for a consultation. A medical malpractice claim does not just refer to surgical errors. Negligent treatment can occur in the many stages of medical care. The following list encompasses some possible errors from diagnosis to aftercare. While not complete, this list includes the most common medical malpractice circumstances.

Diagnostic errors
Medication errors
Failure to order or incorrect interpretation of lab results
Early discharge
Childbirth complications
Failure to conduct a complete history on the patient
Unnecessary surgery
Surgery on the wrong patient
Surgery on the wrong body part
Incompetent follow-up care
Disregarding symptoms
Anesthesia errors

Unfortunately, there are many false medical malpractice claims that are made annually. In an effort to weed out the frivolous accusations, many states adhere to a system that requires certain basic criteria for a claim to move forward. Most jurisdictions agree that in order for a medical malpractice case to have any chance of seeking compensatory damages it must have the following four conditions:

A relationship between the medical professional and the patient must exist.
The medical professional was negligent and violated the standard of care – the standard is the benchmark of professional treatment of the patient. Ward & Ward Personal Injury Lawyers will find an appropriate medical witness to explain the standard and how it was not honored.
An injury must have been sustained.
There must be a direct link between the violation of the standard of care and the injury that occurred.

If the claim has all of the above mentioned conditions and you feel that you have a medical malpractice claim, you may be entitled to compensation. Common examples of compensatory damages include but are not limited to:

Physical pain
Mental and emotional distress
Additional medical bills
Lost wages and earning potential

If you or a loved one are the victim of negligence in your medical treatment, it is imperative that you contact medical malpractice lawyers Indianapolis, IN immediately. Not only is it important for your mental state to know that you have someone working to help you seek compensation, but there are time frames and deadlines in these cases. Ward & Ward Personal Injury Lawyers will set up a consultation, go over the materials of your case and determine the next step with you. If you’re ready to speak with a skilled team of medical malpractice lawyers in Indianapolis, IN then call Ward & Ward Personal Injury Lawyers today.

Medical Malpractice FAQs

If you’ve suffered from medical malpractice, an Indianapolis, IN medical malpractice attorney from Ward & Ward Personal Injury Lawyers can help. Here are some of the most frequently asked questions to help guide you through this challenging process.

What Is Medical Malpractice, And How Do I Know If I Have A Case?

Medical malpractice occurs when a healthcare professional fails to provide the standard of care that another reasonable professional would have offered under similar circumstances, leading to injury or harm. If you believe a doctor’s negligence or mistake caused you or a loved one harm, it’s essential to consult with an Indianapolis medical malpractice attorney. They can evaluate the details of your situation and provide guidance on whether you have a viable claim.

What Are The Potential Damages I Can Recover In A Medical Malpractice Lawsuit?

In a medical malpractice lawsuit, you may be entitled to various types of damages, depending on the nature and severity of the harm suffered. These can include compensation for medical expenses, pain and suffering, lost wages, future earnings, and sometimes punitive damages. Each case is unique, and an attorney can offer a clearer picture of potential compensation based on your individual circumstances.

How Long Do I Have To File A Medical Malpractice Lawsuit?

The time frame, known as the statute of limitations, varies by state. In many jurisdictions, the clock starts ticking from the date of the injury or when the patient reasonably should have discovered the harm. However, this can be a complex matter, and it’s essential to consult an Indianapolis medical malpractice attorney as soon as possible to ensure you don’t miss critical deadlines.

What Should I Expect During The Litigation Process?

The litigation process can be lengthy and complex. After filing a lawsuit, both parties will enter a discovery phase, gathering evidence and testimonies. This can include medical records, expert opinions, and depositions. Negotiations might occur at various stages, and many cases are settled before reaching the courtroom. However, if a settlement isn’t reached, the case will proceed to trial. An experienced attorney will be instrumental in guiding you through each step, advocating for your rights, and ensuring the best possible outcome.

What Happens If My Case Goes To Trial?

Not all medical malpractice cases end up in court. Many are settled out of court through negotiations between the involved parties. Your medical malpractice specialist will advise you on the best course of action, whether it’s pursuing a settlement or preparing for a trial. The primary goal is always to achieve the best possible outcome for the client, ensuring they receive the compensation they deserve.

Contact Ward & Ward Personal Injury Lawyers Today

Navigating the complexities of a medical malpractice case can be challenging, but you don’t have to do it alone. At Ward & Ward Personal Injury Lawyers, we prioritize our clients’ well-being and are dedicated to offering top-tier legal counsel every step of the way. If you believe you’ve been a victim of medical negligence, it’s crucial to take prompt action. Reach out to us today to schedule a consultation, and get in touch with an Indianapolis medical malpractice attorney from our office.

Medical Malpractice Glossary

When you’re researching your rights or preparing to pursue legal action, it is important to contact experienced medical malpractice attorneys. Medical malpractice cases often involve highly technical and nuanced legal terminology. For individuals pursuing a claim against a healthcare provider, understanding these key phrases is essential to following the legal process and making informed decisions. Below are five common legal terms used by our award-winning medical malpractice attorneys, along with plain-language definitions.

Standard Of Care

The standard of care is the benchmark used to evaluate a medical provider’s actions. It refers to the level of skill, caution, and attention that a similarly qualified healthcare professional would provide in the same or similar circumstances. When a provider fails to meet this expected standard, it can give rise to a claim for negligence. In malpractice litigation, the standard of care is often established through testimony from other medical professionals. Determining whether a doctor’s treatment fell below this standard is one of the central issues in most cases.

Medical Negligence

Medical negligence occurs when a healthcare provider acts (or fails to act) in a way that breaches the accepted standard of care, resulting in harm to a patient. This can include surgical errors, misdiagnosis, improper medication dosage, or failure to treat a condition. Not every poor outcome constitutes negligence—there must be a demonstrable failure that caused actual damage. Establishing negligence typically requires showing that the provider had a duty, breached it, and directly caused the patient’s injuries as a result.

Informed consent is a foundational principle in medical ethics and law. It means that patients must be fully informed about the potential risks, benefits, and alternatives of any proposed treatment or procedure before agreeing to it. According to our medical malpractice attorneys, lack of informed consent can serve as the basis for a malpractice claim, especially if a patient would have declined the procedure had they been adequately informed. In such cases, the legal focus is not just on the outcome but on whether the patient had enough information to make a meaningful decision.

Tort Reform

Tort reform refers to legislative efforts to limit lawsuits or cap the amount of compensation plaintiffs can receive in civil cases, including medical malpractice. Proponents argue that it reduces frivolous lawsuits and stabilizes insurance costs, while critics contend that it restricts access to justice for injured patients. Indiana, for example, imposes caps on the total recoverable damages in medical malpractice cases. These caps can limit how much a plaintiff receives, even if the provider is found liable.

Statute Of Limitations

The statute of limitations is a strict legal deadline for filing a medical malpractice lawsuit. This time limit varies from state to state. For example, in Indiana, the general rule requires that claims be filed within two years from the date of the alleged negligent act or omission. Missing this deadline usually means the case cannot move forward, regardless of its merit. There are exceptions in some cases, such as when the injury is not discovered right away, but these are narrow and require prompt legal action from a law firm with decades of experience, like Ward & Ward Personal Injury Lawyers.

Charlie Ward
cpw@WardLawFirm.com
728 S Meridian St
Indianapolis, IN 46225
317-639-9501
888-639-9501

Charles P. Ward

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Donald W. Ward