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Medical Malpractice Lawyers in Avon, IN

You may be able to file a medical malpractice claim if you or a loved one are the victim of a medical error. Medical malpractice is used to describe when the actions of a medical provider result in harm to a patient. This can, unfortunately, happen even in small, friendly towns like Avon, Indiana.

Understanding Medical Malpractice: Liability and Negligence

Medical malpractice happens when a health care professional deviates from the expected standards of their profession, and when these actions cause injury, harm, or even death to a patient. Proving that the medical professional was negligent in their treatment and holding them liable is the backbone of any medical malpractice suit. When you work with an experienced medical malpractice lawyer from Wilson Kehoe Winingham, you’re taking the first step in working towards the compensation you deserve.

Build Your Case With an Avon Medical Malpractice Lawyer

Medical malpractice suits are often the result of a doctor’s actions that brought about harm or injury to a patient. If you believe you are the victim of medical error, there are certain steps you should take to build your case:

  1. Contact the medical provider. Discuss the situation with them, describing the problem that’s resulted from their actions. It is not unheard of for the doctor to be willing to work with the patient to remedy the problem.
  2. Reach out to the appropriate medical licensing board. While the board can’t force the doctor to take action, they do have the ability to issue disciplinary actions when appropriate. They may also be able to help guide you through the next steps you should take.
  3. Know your timeline. Most states have a time limit as to when you must file a claim.
  4. Get a medical assessment. You’ll want an independent doctor to look at your injury or whatever damage was done and have a current assessment on file.
  5. Hire a lawyer. You will be in unfamiliar territory and may not know how to secure the best settlement possible. Work with an experienced medical malpractice lawyer from WKW who will have the knowledge and experience to guide you through each step in the process.

What Parties Can I File a Medical Malpractice Claim Against?

Medical malpractice claims vary significantly case by case. Your claim may be filed against an individual, multiple parties, or an institution. Examples of potentially liable parties include:

  • Doctors
  • Nurses
  • Technicians or assistants
  • Dentists
  • Clinics
  • Hospitals
  • Nursing homes

Tips to Prove Medical Malpractice

While you are likely under duress as the victim of medical error, the best thing you can do is to remain rational and composed. Don’t add more stress to the situation or share stories around town that could come back to haunt you later. Now is the time to develop a game plan and start putting together all your documentation as outlined below.

Questions to Ask in a Medical Malpractice Case

Indiana Civil Code 34-18-2-18 defines medical malpractice as a “tort or breach of contract based on health care or professional services that were provided, or that should have been provided, by a health care provider, to a patient.” To determine if you have a valid claim, there are several questions you must be able to respond to in the affirmative. The medical malpractice lawyers at WKW can help guide you through this process.

Did the Doctor Have a Duty to the Patient?

It must be established that the doctor had a duty to the patient, or in other words, the patient was receiving care from the doctor on a professional basis. In contrast, if someone overheard a doctor suggesting treatment at a backyard gathering, no duty would have been established.

Did the Doctor Breach the Standard of Care?

In addition to establishing that the doctor had a duty to the patient, you must also prove that the doctor did not perform to the expected standard of care for their profession and that they failed to perform to the standard another doctor would have.

Was the Injury Caused by the Doctor’s Negligence?

Negligence can take a number of forms including a missed diagnosis, a wrong prescription, or a surgeon operating on the wrong body part, such as the left foot instead of the injured right foot.

Was the Injury Caused by the Doctor’s Actions?

A link showing that the doctor’s actions directly led to the injury or harm to the patient is essential in any successful malpractice claim. This is known as showing causation of the injury.

Examples of Medical Malpractice Claims

Medical malpractice claims vary widely in both scope and specifics. The experienced medical malpractice lawyers at WKW have a vast amount of experience on all types of claims. Examples of cases include a surgeon operating on the wrong body part, such as the left hand instead of the right, or leaving a surgical tool or sponge inside the patient’s body. A missed diagnosis by your doctor can also be grounds for a claim.

Negligent Forms of Medical Malpractice

Types of malpractice cases include:

  • Misdiagnosis or delayed diagnosis
  • Surgical error
  • Anesthesia error
  • Prescription drug error
  • Failure to treat
  • Birthing-related error

Medical Malpractice Caused by the Doctor’s Actions

If you’re unhappy with the results from a recent surgery (as an example) does not mean that you have grounds for a medical malpractice claim. To sue a doctor for their negligence, you must be able to show that their actions were not to the standard of their profession and that a different doctor in the same situation would have acted differently to not cause harm to the patient.

Medical Malpractice and Defective Medical Devices

Medical devices have become commonplace in modern medicine, helping patients to retain or return to a quality standard of life. However, if a medical device is faulty and causes harm to a patient, it could be grounds for a medical malpractice claim.

Forms of Compensation for Victims of Medical Malpractice

It’s important to work with an experienced lawyer who can help ascertain the value of your case. Typically, compensation will be sought for easier to track expenses such as medical bills and treatments and lost wages, but that’s just the start. You may also seek compensation for future wages lost, pain and suffering, and loss of a previous standard of life.

How Much Does a Medical Malpractice Case Cost?

The good news is that reputable medical malpractice law firms will not ask for money upfront to represent you. The lawyers at Wilson Kehoe Winingham work on what’s known as a contingency basis. This means that you’ll only pay for legal representation if you receive a settlement, with the lawyer fees being a percentage of that amount.

Finding the Right Medical Malpractice Lawyer for Your Case

In a word, what you’re looking for in a medical malpractice lawyer is experience. Above all else working with a lawyer who has experience relevant to your case is key. You should also be wary of any lawyer who would ask for money upfront before taking on your case.

WKW in Avon, IN: What to Expect Working with Our Lawyers

The seasoned medical malpractice lawyers at WKW have decades of experience helping victims of medical error. We have the relevant experience to help you secure a full and fair settlement, and if that’s not possible, we also have what it takes to see your case through trial. WKW also limits the number of clients we take on to ensure that you are always a priority, and we’re right in Avon to meet with you as needed.

Statute of Limitations for Medical Malpractice Claims in Avon, IN

Medical malpractice cases have a limited timeframe in which they can be filed, known as the statute of limitations. In the state of Indiana, that limit is two years after the date of the incident. There are certain exceptions to this rule, such as if the patient only learns of the medical error a given time after the actual procedure.

Reach Out to Experienced WKW Medical Malpractice Lawyers Today

When you have a seasoned team of medical malpractice lawyers here to help right in Avon, there’s no reason to go it alone through this stressful time. The lawyers at Wilson Kehoe Winingham can be by your side throughout your medical malpractice claim to get you the compensation you deserved. With our free, no-obligation consultation, you can get the help you need today. Call our office at (317) 576-3859.

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