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Medical Malpractice Lawyers in Fishers, IN

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.

Understanding Medical Malpractice: Liability and Negligence

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.

Build Your Case With a Fishers Medical Malpractice Lawyer

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:

  1. Contact the medical provider. Discuss the situation with them, describing what has gone wrong to see if they are willing to resolve the issue. Medical providers are often willing to work with you to solve the problem.
  2. Contact the medical licensing board. If the doctor was unwilling to help your situation, you may want to reach out to the relevant medical licensing board. While they’re not able to force the doctor involved to help you, they may choose to issue them a discipline warning and could be helpful in determining the next steps.
  3. Know the timeline in which you need to file a claim. Most states have their own statute of limitations, or time limits, on when a claim may be filed.
  4. Get a medical assessment. See another doctor or specialist to get an expert review on the injuries sustained.
  5. Hire a lawyer. The medical malpractice lawyers at Wilson Kehoe Winingham have the experience you need to work towards a fair and full settlement, or to take your case to trial if needed.

What Parties Can I File a Medical Malpractice Claim Against?

There could be a number of responsible parties in your claim, depending on your circumstances. Examples include:

  • Doctors, including surgeons
  • Nurses
  • Dentists
  • Technicians and assistants
  • Hospitals, clinics, and other health care facilities
  • Nursing homes

Proving 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.” In your Fishers, Indiana medical malpractice case, you’ll need to prove the following elements:

  1. A professional duty to the patient
  2. Breach of this duty
  3. Injury caused by the breach
  4. Causation/resulting damages

Important Questions to Ask in a Medical Malpractice Case

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.

Did the Doctor Have a Duty to the Patient?

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.

Did the Doctor Breach the 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.

Was the Injury Caused by the Doctor’s Negligence?

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.

Was the Injury Caused by the Doctor’s Actions?

Directly linking your injury to the doctor’s actions is essential in any successful malpractice claim.

Examples of Medical Malpractice Claims

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.

Negligent Forms of Medical Malpractice

Types of malpractice claims include:

  • Improper treatment
  • Surgical error
  • Prescription error
  • Failure to diagnose illness or injury
  • Delayed diagnosis
  • Prescription drug error
  • Anesthesia error or complication

Medical Malpractice Caused by the Doctor’s Actions

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.

Product Liability from Defective Medical Devices

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.

Compensation for Victims of Medical Malpractice: How Much is Your Case Worth?

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.

What to Do if You Experience Medical Malpractice in Fishers, IN

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:

  1. Try to be patient. While your personal situation may be understandably stressful, the best thing to do initially is to be patient. Health care providers will sometimes admit that a mistake has been made. Give it a little time.
  2. Gather information. Now is the time to get your documentation in order. This will include:
  • Dates of appointments and treatments
  • Procedures performed
  • Prescriptions prescribed
  • Names of doctors and other health care providers
  • Description of ailments that lead to care
  1. Hire an experienced medical malpractice lawyer. WKW has a team of seasoned lawyers to help you through this difficult time and they are local to you in Fishers, Indiana.
  2. Remain calm. This is the wrong time to spout off about what happened to everyone you know. Anything you share could be turned against you, so refrain from talking to anyone about your case aside from your medical malpractice lawyer at WKW.

Finding the Right Medical Malpractice Lawyer for 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.

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

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.

Statute of Limitations for Medical Malpractice Claims in Fishers, IN

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.

Reach Out to Experienced WKW Medical Malpractice Lawyers Today

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.

What Is Medical Malpractice?

What are my rights if a family member dies as a result of medical malpractice?

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.

How much do attorneys charge to help clients in medical malpractice cases?

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.

What are some challenges I will face in my medical malpractice case?

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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