If you or a loved one have been the victim of a medical error, you may be eligible to file a medical malpractice claim. The term medical malpractice is used when the actions of a medical practitioner result in harm to a patient. Unfortunately, you can find yourself the victim of a medical error even in your community of Brownsburg, Indiana.
The term medical malpractice is used when a health care provider deviates from the expected standard of care for their profession and their actions (or inaction) results in harm to a patient. Proving that these actions are the cause of the patient’s current condition is the core of any case. The experienced medical malpractice lawyers at Wilson Kehoe Winingham can help you through each step of what can be an intimidating process.
If you’ve been the victim of medical error, you are likely feeling stressed out, overwhelmed, and not sure what to do. Follow these initial steps to help you build the best case possible:
Medical malpractice cases can vary greatly in both complexity and severity, depending on the circumstances. Examples of parties who may be held liable include:
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.” In your Brownsburg, Indiana medical malpractice case, you’ll need to prove the following elements:
You’ll need to be able to provide an affirmative answer to the questions below to have a successful medical malpractice claim.
You must show that the doctor had a duty to the patient. This means that a doctor/patient relationship to provide care had been established. In other words, if you overheard a doctor sharing advice at a party, there is no duty in place.
After establishing that the doctor had a duty to the patient, you must prove that the doctor did not perform to the established standard of care and that they failed to provide the level of care that another doctor would have in the same circumstances.
A doctor can be negligent in many ways, including a missed or incorrect diagnosis, or a surgeon operating on the wrong body part, such as the patient’s left foot instead of the right foot.
Directly linking the doctor’s actions to the medical error is critical for any medical malpractice case. That link is known as causation.
Medical malpractice claims vary widely from case to case. They can range from a missed diagnosis to a prescription error.
Some common examples of medical malpractice claims include:
Being unhappy with your medical treatment or the results of a surgery is not grounds for a medical malpractice suit. To have a case, you must be able to prove that the doctor did not behave to the standard of their profession and that their actions directly led to the medical error.
We live in an age of advanced medicine, with medical devices having become commonplace. However, if a medical device is defective or fails, it may be grounds for a medical malpractice suit.
The experienced medical malpractice lawyers at WKW can help to judge the value of your case to get a full and fair settlement. Compensation will typically be sought for “hard” expenses, such as medical bills, treatments and lost wages, but they will likely also pursue compensation for pain and suffering and a previous standard of life.
You’re likely under enough stress if you’re the victim of medical error, with medical expenses starting to add up. Most medical malpractice lawyers work on a contingency basis, meaning that there is no cash upfront to pursue a case. Instead, the lawyers receive a percentage of the settlement, meaning that only get paid if you receive compensation.
If you or a loved one feel you may be the victim of medical error, there are certain steps you should take to help your case:
When selecting a medical malpractice lawyer, you want to find someone with experience in the field, not a generalist, and preferably someone with experience that is specific to your case. It’s also important to find a lawyer with success at trial in case a settlement can’t be reached.
The experienced team of medical malpractice lawyers at Wilson Kehoe Winingham can help you to get the compensation you deserve. Our lawyers have relevant experience and can be there with you each step of the way, whether that’s to a full and fair settlement or taking your case to trial.
A statute of limitations is the time limit in which you can file your Brownsburg medical malpractice claim. In Indiana, the statute of limitations is two years from the date of the incident. However, there are exceptions to this rule, including if the patient only learned of the injury at a date later than the actual incident.
The experienced medical malpractice lawyers at Wilson Kehoe Winingham are here in Brownsburg and ready to support you through this stressful time. WKW lawyers have decades of experience and limit their number of clients to give each case the attention it deserves. Fill out an online contact form for a free, no-obligation consultation, or call our offices today at (317) 920-6425.
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Nothing can bring a loved one back who was the victim of medical error. But losing someone you care about does not need to go unrecognized by others. To hold the party responsible, you may be able to file a wrongful death claim. To be successful, you must be able to prove that the death is directly attributable to the actions of the medical provider and that they were negligent. You must also be a close relative to file a claim, such as a spouse or minor child of the deceased.
Medical malpractice claims can be complex and difficult to prove. Typically, a patient seeks medical care or treatment due to an existing problem. This leads to many doctors defending themselves by stating that the current state of the patient is simply a worsening of that condition. Also, if your case proceeds to trial, you must find doctors willing to serve as expert witnesses against other doctors, which can be challenging.
After filing your medical malpractice claim, settlement negotiations will typically begin. The insurance company will offer a dollar amount for the victim to accept and then settle the case. An experienced medical malpractice lawyer will tell you that this is just the beginning of negotiations and they will counter the offer. Generally, this continues until a number is reached that both parties can agree to. However, if a settlement cannot be reached, your case will proceed to trial.
Let WKW put our experience to work for you. Contact us for your free case evaluation.