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.
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.
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:
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:
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.
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.
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.
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.
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.
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.
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.
Types of malpractice cases include:
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 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.
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.
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.
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.
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.
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.
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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