Were you recently injured because a healthcare provider in Indianapolis, IN, was negligent? Call Wilson Kehoe Winingham Injury Lawyers at (317) 920-6400 for a free consultation. Our experienced Indianapolis medical malpractice lawyers can help you fight for the kind of life-changing financial award you deserve.
We have over 120 years of combined experience handling complex personal injury disputes. As award-winning litigators dedicated to taking on hospitals and insurance companies on behalf of everyday people, we’ve won millions of dollars in settlement agreements and jury awards. As a victim of medical error, you can count on us to fight for your best interests.
Why Choose Wilson Kehoe Winingham Injury Lawyers to Handle Your Medical Malpractice Lawsuit in Indianapolis, IN?
You’ll be up against a powerful hospital and its insurance company. It’ll be important to show them that they won’t have a chance to take advantage of you or dictate the terms of your medical malpractice case. By hiring an experienced personal injury lawyer in Indianapolis to represent you, you can get the legal support you need.
Choosing Wilson Kehoe Winingham Injury Lawyers puts a team of nationally recognized and respected trial attorneys with decades of combined experience in your corner.
We’re recognized as:
- Top 10 Super Lawyers in Indiana
- Best Lawyers in America
- Indiana Super Lawyers Rising Stars
- Trial Lawyer of the Year from the Indiana Trial Lawyers Association
- AV-Rated litigators by Martindale-Hubbell
Our Indianapolis medical malpractice attorneys can offer the respectful, attentive legal representation you need as you deal with tragedy, along with the connections and monetary resources required to take on a powerful multinational corporation and win.
There’s no charge for an initial case review. Contact our law office in Indianapolis, Indiana today to schedule a free consultation.
What Is Medical Malpractice, and How Do I Prove It?
Medical malpractice is one of the leading causes of avoidable injury and death in the United States. Medical errors are so common that the American Medical Association revealed that one-third of all doctors surveyed were sued for malpractice at least once during their careers.
Malpractice broadly refers to a healthcare provider’s negligent or careless actions. When a healthcare provider deviates from expected standards of care within the medical community and causes a patient’s injury or death, they can be legally responsible for the resulting damages.
In Indiana, most medical malpractice lawsuits are based on the tort of negligence. As the victim, you have the burden of proving that your doctor (or another healthcare provider/entity) was negligent and caused harm.
You need to prove:
- A duty of care existed because of a doctor-patient relationship.
- This duty of care was breached because the defendant failed to exercise the level of care, skill, and knowledge that would be expected of them in their specialty.
- The defendant’s mistake was a direct and proximate cause of your injury/loved one’s wrongful death.
- You’ve suffered damages.
Ultimately, you need to demonstrate that your doctor didn’t do what a reasonably prudent provider of the same specialty would have done under similar circumstances.
What’s My Medical Malpractice Case Worth?
Several things will impact how much money you might be able to recover if you file a medical malpractice lawsuit in Indiana, including:
- What type of medical error was made?
- What physical injuries have you suffered?
- Are you able to continue working?
- Has there been a change in your earning capacity?
- What insurance benefits are available to you?
- How old were you at the time you were injured?
- Did you take steps to mitigate your damages?
Medical malpractice claims involving catastrophic and life-changing injuries tend to be worth the most. However, the Indiana Medical Malpractice Act has a firm cap on damages in medical malpractice litigation. The current maximum monetary award in a medical malpractice case is $1.8 million – this includes compensation for all types of damages, including medical bills and other economic losses.
What Compensation Can I Get if I’ve Been Injured Because of a Medical Error in Indianapolis?
You can request two types of compensatory damages when you file a medical malpractice lawsuit in the state of Indiana: economic and non-economic. Each serves a different purpose.
Economic damages help you manage the objective financial consequences you experience as a victim of medical negligence, and can include money for:
- Present and future medical bills
- Lost wages and income
- Disability
- Diminished earning capacity
- Out-of-pocket expenses
- Rehabilitation
- Nursing assistance
- Funeral expenses if a medical mistake is fatal
Non-economic damages help you cope with the life changes and suffering that are more difficult to value, such as:
- Chronic physical pain
- Loss of enjoyment of life
- Disfigurement and scarring
- Loss of consortium
- Embarrassment
- Post-traumatic stress disorder
- Pain and suffering
Even though Indiana medical malpractice awards are capped, you should still expect your doctor, the hospital, and their respective insurance companies to try to downplay your injuries and limit your financial recovery. When you’ve hired us, you can rest assured that our medical malpractice attorneys in Indianapolis will be ready to counter their tactics and fight to help you maximize your recovery.
How Much Does It Cost to Hire a Medical Malpractice Attorney in Indianapolis?
Our medical malpractice attorneys offer contingency fee legal services. We’re confident in our ability to win, so we’ll stake our fees on the results we achieve.
We don’t get paid unless we’ve won compensation for your medical malpractice case. Depending on the circumstances of your case, attorney fees can average anywhere between 30 and 40 percent of the total recovery, less any costs invested into winning your lawsuit.
If we don’t win, you won’t owe us anything.
What Are the Most Common Types of Medical Errors?
Every year, millions of people suffer needlessly because of careless medical mistakes. Hundreds of thousands are killed at the hands of careless medical professionals. In truth, there are a lot of different ways that harmful medical mistakes can be made.
Some of the leading causes of serious injury and death include:
- Misdiagnosis
- Delayed diagnosis
- Failure to diagnose
- Cancer misdiagnosis
- Failure to treat
- Surgical errors
- Anesthesia errors
- Emergency room errors
- Birth injuries
Many of these mistakes happen because of charting errors, lapses in communication between members of a medical team, understaffed hospitals, provider fatigue, drug and alcohol abuse, and a blatant disregard for a patient’s concerns.
We’ll Fight to Recover Compensation for All Your Injuries Due to Medical Malpractice
When a medical mistake causes you to suffer catastrophic physical injuries, permanent disabilities, chronic pain, or emotional distress, you deserve to be compensated. We are prepared to help you seek damages for all your injuries, including:
- Brain injuries
- Spinal cord injuries
- Paralysis
- Amputation
- Nerve damage
- Organ damage
- Birth injuries
- Infections
We understand that money can’t turn back time and undo the harm you’ve suffered. However, it can help you get the medical care you need, adapt to new limitations, and give you the financial stability you need to move forward with your life.
Who Could Be Liable for a Medical Error?
Your primary physician isn’t the only one who can be liable if you’re harmed because of a medical mistake in Indianapolis, IN. Liability extends to anyone who contributed to the medical error.
Depending on the specific circumstances of your case, this might include a:
- Emergency room specialist
- Hospitalist
- Surgeon
- Anesthesiologist
- Pharmacist
- Nurse
- Nurse practitioner
- Physician’s assistant
- Dentist
- Midwife
- Chiropractor
- Hospital administrator
- Hospital
Hospitals can be sued for malpractice based on the negligent acts of its employees as well as their own acts of negligence.
How Long Do I Have to File a Medical Malpractice Lawsuit in Indiana?
Though there are certain exceptions, most medical malpractice lawsuits filed in the state of Indiana are subject to a two-year statute of limitations.
Exceptions typically involve situations where a child is injured or there’s a reasonable delay in discovering an injury or act of medical negligence. In these situations, the statute of limitations can be tolled – or paused – until the tolling factor is resolved.
Missing the filing deadline isn’t an option. Once time expires, you could lose the ability to launch a lawsuit and hold a negligent doctor or hospital accountable for their mistakes.
Schedule a Free Consultation With an Experienced Indiana Medical Malpractice Lawyer
If you’ve been harmed because of a medical error in Indianapolis, IN, Wilson Kehoe Winingham Injury Lawyers is here to support you. You deserve to be compensated for your considerable costs and suffering. Our Indianapolis medical malpractice lawyers want to help you maximize your recovery.
We have a team with 120+ years of experience handling high-stakes personal injury disputes and a proven track record of success. Our legal team has helped clients win millions. Now, we’re here to take on the hospital in pursuit of justice for you, too.
There’s no charge for an initial case review. Call our Indianapolis law office for a free consultation. We’ll answer all your legal questions and walk you through every step of the process.