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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. This can, unfortunately, happen even within the friendly confines of communities like Fishers, Indiana.
Medical malpractice describes when a medical professional deviates from the expected standards of their profession, resulting in an injury, or even fatality, to the patient. Proving that the medical professional was negligent in treatment and holding the provider liable is at the core of any malpractice lawsuit. Working with an experienced medical malpractice lawyer at Wilson Kehoe Winingham can help you get the compensation you deserve.
Medical malpractice suits are typically the result of a doctor acting in a way that brings harm to a patient. If you think you may have a legitimate medical malpractice case, there are certain steps you should initially take:
There could be a number of responsible parties in your claim, depending on your circumstances. Examples 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 Fishers, Indiana medical malpractice case, you’ll need to prove the following elements:
Medical malpractice suits happen when a doctor either failed to act or acted in a way that caused harm to a patient. It typically requires an extensive investigation of what happened to prove that the doctor or medical facility is at fault. To know if you have a case, the following questions must initially be confirmed.
When someone goes to a doctor looking for medical advice and/or treatment, this establishes a duty on the part of the doctor to conform to a standard of care.
After duty has been established between doctor and patient, you must show that the doctor deviated from the standard of care and therefore failed to demonstrate the care that a skilled and practiced health care provider would have shown in the same situation.
Negligence can include failure on the part of the doctor to diagnose or disclose an illness or injury, or that a doctor caused an injury by, as an example, operating on the wrong body part.
Directly linking your injury to the doctor’s actions is essential in any successful malpractice claim.
Malpractice claims can take many forms. They may occur during surgery if the doctor operates on the wrong body part—say, the left hand instead of the right. It’s also been known for surgical instruments to be left inside of the victim’s body. A doctor may be found to be negligent or a medical facility can cause the medical error to occur.
Types of malpractice claims include:
Being unhappy with the result of your treatment or surgery does not mean that the doctor is liable for medical malpractice. To sue for malpractice, you must be able to prove that the doctor caused harm or damage that another doctor would not have under the same circumstances.
Many patients rely on medical devices to improve a condition or their health, most with positive results. But if a medical device fails or doesn’t perform as it should, significant harm may result, which could lead to a malpractice claim.
Each medical malpractice case is unique, so it is difficult to answer this question. The dollar amount sought will depend on a number of factors, including the severity of the situation/injury and any long-lasting impacts. The experienced medical malpractice lawyers at WKW have experience with all types of these lawsuits and will not leave money on the table.
There are typically two ways to determine a monetary value: settlement value or trial value. Most medical malpractice cases end in a settlement and avoid going to trial. A settlement value will typically be much lower than a trial value as you’re guaranteed payment once a settlement is reached. In a trial, you may walk away with nothing if you lose, so the stakes are higher.
If you or a loved one have experienced what you believe to be medical malpractice, there are some initial steps you should take to help your case:
You are almost certainly facing challenges following the need to file a medical malpractice claim. It’s a stressful time. Finding an experienced and knowledgeable lawyer should help to ease that burden. We recommend working with a lawyer with medical malpractice experience relevant to your particular case.
The medical malpractice lawyers at Wilson Kehoe Winingham have decades of experience helping victims of medical error regain their livelihood. We partner with our clients to help them every step of the way. Being local and limiting the number of cases we take on allows us to develop a personal relationship with our clients and be by your side every step of the way.
Each medical malpractice case has a limited timeframe in which to file a claim, known as the statute of limitations. In Indiana, the statute of limitations is two years, which is counted from the time you were injured by a medical professional or hospital. An exception can be made if the victim did not realize they were injured until a later date.
If you are the victim of a medical error, you are likely already under duress and possibly financial strain if you’re now unable to work. The experienced medical malpractice lawyers at Wilson Kehoe Winingham will work to get both your health and your life back. We offer a no-obligation, free consultation so you can learn more about our services. Don’t try to go it alone. Reach out to us today at (317) 669-9983.
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While there is no way to bring your loved one back, you may be able to file a wrongful death claim against the medical provider. However, to file a claim, you must be able to prove that the healthcare provider was negligent and that their actions led to the patient’s death. You must also be a close relative, such as a spouse or minor child of the deceased.
Medical malpractice cases are typically taken on by a law firm on a contingency basis. That means you won’t pay any legal fees up-front (or at all) unless you are awarded a settlement. The legal fees are an agreed-upon percentage of the settlement, so it is in both your interest and the lawyer’s interest to seek a maximum dollar amount. An experienced lawyer often knows how to obtain significantly higher settlements than if you try to go it alone.
Malpractice suits can often become a sort of “he said, she said” but with expert witnesses. To successfully gain a settlement, you’ll need to find a doctor as an expert witness who is willing to testify against another doctor. That can be challenging. That’s one reason why it’s so essential to work with an experienced medical malpractice lawyer with an extensive network. These expert witnesses are also vital to show that your current state is a result of negligence and doctor error, not a previous condition.
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February 26, 2023Read Article
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