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—sometimes called medmal—is a term used to describe when the actions of a medical provider result in harm to a patient. These medical errors can happen just about anywhere, including in the city of Fort Wayne, Indiana.
Fort Wayne is Indiana’s second-largest city and serves as the hub of northeast Indiana. It is home to more than 270,000 residents and is located in Allen County. Situated in the center of the Midwest’s largest economic cities, Fort Wayne offers a strong workforce, an affordable cost of living, and a high quality of life, which keeps the area growing in popularity. Fort Wayne offers something for everyone, from stable jobs to golf courses and children’s museums to outdoor riverfront activities.
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 as liable is at the core of any malpractice lawsuit. Working with an experienced medical malpractice attorney at Wilson Kehoe Winingham in Fort Wayne, Indiana can help you get the compensation you deserve.
Indiana Civil Code 34-18-2-18 defines medical malpractice as a “tort or breach of contract based on healthcare or professional services that were provided, or that should have been provided, by a healthcare provider, to a patient.” In your Fort Wayne, Indiana medical malpractice case, you’ll need to prove the following elements:
Your claim could be the result of any number of negligent acts by a medical professional. Some of the more common medical malpractice injuries result from the following actions:
Malpractice claims can take many forms. They may occur during surgery if the doctor operates on the wrong body part—for example, the left hand instead of the right. It’s also been known for surgical instruments to be left inside of the victim’s body. Other examples include prescription drug errors and failure to diagnose. A doctor may be found to be negligent or a medical facility can also cause a medical error to occur.
Finding yourself or a loved one the victim of medical error can be traumatic and leave you swimming in unfamiliar waters. Our experienced team of Fort Wayne medical malpractice lawyers are here to help navigate and secure you a full and fair settlement. And because we work on a contingency basis, there is no out-of-pocket cost to you.
If you or a loved one feel you may have been the victim of medical error, there are certain steps you should take to help your case:
There are two main types of damages recoverable from medical malpractice lawsuits: general damages and special damages. Punitive damages can only be sought if the malpractice was undeniably negligent or outrageous. These kinds of damages are quite rare.
Special damages are economic. They’re objective, quantifiable, out-of-pocket expenses incurred from the malpractice, such as loss of wages, medical expenses, or mobility equipment, like a wheelchair.
General damages are non-economic. They boil down to putting a price tag on an otherwise subjective injury, such as loss of enjoyment or a lower quality of life, pain and suffering, or emotional distress.
If you have been the victim of a medical error, you are likely already under duress and feeling financial strain if you’re now unable to work. The experienced medical malpractice attorneys at Wilson Kehoe Winingham will fight to get both your health and your life back. Being local to Fort Wayne, Indiana, and limiting the number of cases we take on allows us to develop a personal relationship with each of our clients and to be by your side every step of the way.
Wilson Kehoe Winingham’s team of experienced medical malpractice attorneys offer a no-obligation, free consultation so you can learn more about our services. Reach out to us today at (317) 669-9983.
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What’s the Indiana statute of limitations on medical malpractice cases?
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, but we recommend that you reach out to an experienced lawyer as soon as possible.
Can I file a malpractice suit if I’m not happy with the results of surgery?
Malpractice claims can take many forms. Medical malpractice suits happen when a doctor either failed to act or acted in a negligent way that caused harm to a patient. There are certainly times when the result of surgery can lead to a medical malpractice claim. One example is if the surgeon operates on the wrong body part—for example, the left hand instead of the right. It’s also been known for surgical instruments to be left inside of the victim’s body, which can also be grounds for a case.
But when you decide to have surgery, there is no guaranteed outcome, so simply not being happy with the results is not grounds for a medical malpractice case. Negligence on the part of the doctor must be shown, along with resulting damages.
Can I represent myself in a medical malpractice case?
Legally, there is nothing that requires you to hire an attorney to file a claim in the state of Indiana. But if you choose to go it alone—although, why would you?—on pursuing a medical malpractice claim, you are almost guaranteed to leave cash on the table. Why? Because medical malpractice cases are especially complex, requiring both legal and medical knowledge. It’s also notoriously difficult to find medical providers to serve as “expert witnesses” against fellow doctors if they don’t already have an established, trusted relationship with you. Lastly, our lawyers work on a contingency basis, meaning there is no out-of-pocket expense to you, so there’s really no reason to not work with an experienced lawyer from WKW.
Let WKW put our experience to work for you. Contact us for your free case evaluation.