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. Sadly, this can, unfortunately, happen in any community, even in Franklin, Indiana.
Franklin, Indiana has a population of more than 25,000 and is the county seat of Johnson County. Only 20 minutes south of Indianapolis, Franklin seamlessly blends history and tradition with innovation and more modern amenities. Franklin’s downtown boasts an array of shops, coffeehouses, and is also home to Franklin College. From beautiful historic homes to a trail system for all to enjoy, this Indiana town is a popular place for folks to call home.
Medical malpractice happens when a healthcare 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 to any medical malpractice suit. When you work with an experienced Franklin, Indiana medical malpractice lawyer from Wilson Kehoe Winingham, you’re taking the first step in moving towards the compensation you deserve.
To file a medical malpractice suit, you must be able to show either injury or harm as the result of a medical professional’s actions and link it directly to those actions. There must also be certain thresholds established to be able to file a claim. Being able to answer the following questions in the affirmative is the basis of any medical malpractice case.
Did the Doctor Have a Duty to the Patient? You must prove that you had established a doctor/patient relationship with the healthcare provider. In other words, if you overheard a doctor giving advice to someone else, you did not establish a duty with that doctor.
Did the Doctor Breach the Standard of Care? After showing that you had a relationship with the doctor, you must also show that the doctor deviated from the standard of care expected in their profession.
Did the Doctor’s Negligence Cause the Injury? You must also be able to show a direct link from the doctor’s actions—or lack of actions—to your injury or illness.
Did the Injury Lead to Specific Damages? Even if it’s obvious that the doctor’s actions caused an injury, you must also show that you suffered damages as a result of the injury, such as lost wages or pain and suffering.
Hiring a medical malpractice lawyer can help you navigate complex legal processes and get the compensation you deserve. This also allows you to focus more time and energy on your recovery. Our medical malpractice lawyers at Wilson Kehoe Winingham have decades of experience and are here in Franklin and ready to help. We also work on a contingency basis, meaning there is no up-front cost to you. Don’t go it alone when you can have a local, experienced lawyer at your side.
Medical malpractice cases are complex by nature, as they involve both medical and legal expertise. When you work with the medical malpractice lawyers at WKW, we’ll help take a thorough look at your case to determine what went wrong where, and which parties should be held accountable.
Hospitals, whether public or private, can be held liable for their own negligence and the negligence of their staff members. In general, hospitals are responsible for the actions of any staff member that might have resulted in the injuries of a patient while that employee was performing job-related duties.
Pharmaceutical companies or pharmacists can make errors and mistakes that qualify as medical malpractice. If a pharmaceutical company or manufacturer failed to warn physicians of a drug’s potential side effects or dangers and the drug then caused a patient harm, they may be held liable in a medical malpractice case.
No matter the severity of your injury, you deserve compensation if your life has been affected by the negligence of a medical professional. Your injury is a problem today, but it could also lead to additional complications in the future. There’s no need to suffer in silence or to feel bad about pursuing fair compensation. In fact, not holding anyone accountable could lead to others suffering the same fate. The Franklin, IN medical malpractice attorneys at WKW will fight for you to reach a full and fair settlement.
The two are quite similar in theory. They both deal with people looking for compensation and justice resulting from injuries not caused by their own actions, but by the fault of others. But personal injury is a very broad branch of the law dealing with everything from slip and falls to dog bites. It is, generally speaking, more likely for the person responsible to admit fault, with the negotiations more about the number of damages.
In contrast, successful medical malpractice cases must prove that the healthcare provider was negligent in their actions, which most providers are typically very hesitant to admit. Medical malpractice cases are more specialized by nature, requiring both legal and medical knowledge. Hiring a lawyer experienced in the field is a must.
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. A doctor may be found to be negligent or a medical facility can cause the medical error to occur.
Your claim could be the result of any number of negligent acts by a medical professional. More common medical malpractice injuries result from the following actions:
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, and those cases 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.
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 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.
Wilson Kehoe Winingham offers a team of experienced lawyers who will give your case the attention it needs. Every situation is unique, so we limit the number of clients we accept to ensure the resources are available to get you the best outcome possible. And while most medical malpractice cases end with a settlement, we have the experience to take your case to trial if needed.
The Franklin, Indiana medical malpractice lawyers at Wilson Kehoe Winingham are experienced and here to support you or a loved one through this stressful time. We’ll put our firm’s experience and resources to work for you, allowing you to focus on your recovery. Reach out to us at (317) 920-6425 or go online to set up a no-obligation, free consultation.
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