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Medical Malpractice Lawyers in Greenwood, 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 in Greenwood, Indiana. The term medical malpractice is used when the actions of a medical practitioner result in harm to a patient. Unfortunately, medical errors can happen anywhere, even in the tight-knit community of Greenwood.

Understanding Medical Malpractice: Liability and Negligence

The term medical malpractice is used to describe when a doctor or other health care provider deviates from the normal standard of care expected in their profession, and their actions result in injury, harm, or even the death of a patient. Proving that the doctor’s actions caused the harm and that their actions were negligent is at the root of any malpractice suit. Working with the experienced medical malpractice lawyers at Wilson Kehoe Winingham can help you receive a full and fair settlement.

Build Your Case With a Greenwood Medical Malpractice Lawyer

If you feel you are the victim of a medical error and have a medical malpractice claim, there are some initial steps you should take to help build your case:

  1. Contact the doctor or medical provider. Doctors are human, too. Discuss the case with them, explaining what when wrong and the resulting problem. Oftentimes, a doctor will admit there is a problem and agree to try to fix it.
  2. Contact the relevant medical licensing board. While the licensing board can’t force the doctor to take action, after hearing your story, they may issue a disciplinary warning to the doctor. They may also be able to help guide you through the next steps you can take.
  3. Learn what your deadlines are. Most states have a time limit as to when a file can be made on a previous procedure.
  4. Hire a lawyer. You’ll want to work with a lawyer experienced in medical malpractice cases, such as the attorneys at WKW. They will help guide you through this complex process.
  5. Get a medical assessment. You’ll want to see a different medical professional for an independent assessment of your current state to have on file.

What Parties Can I file a Medical Malpractice Claim Against?

There is a broad range of parties who can be held liable in medical malpractice cases, depending on the complexity. Parties who are often held responsible include:

  • Doctors, including surgeons and anesthesiologists
  • Nurses
  • Technicians or assistants
  • Dentists
  • Medical facilities, such as hospitals or clinics
  • Nursing homes

Necessary Proof for a Medical Malpractice Case

To file a medical malpractice suit, you must be able to show either injury or harm as the result of a doctor’s actions and link it directly to those actions.

Asking the Right Questions in a Medical Malpractice Case

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 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 action – to your injury or illness.

Did the Doctor’s Actions Cause the Injury?

It is essential to show that the actions of the doctor directly led to the injury, and not that your current condition is simply a worsening of the problem that led you to seek medical care in the first place.

Medical Malpractice Claim Examples

There are a wide range of types of medical claims, from the inaction of a doctor (a missed diagnosis) to surgical error, such as operating on the left leg instead of the right.

Negligent Forms of Medical Malpractice

More common medical malpractice claims include:

  • Improper care
  • Surgical error or mishap
  • Prescription drug error
  • Missed or delayed diagnosis
  • Erroneous diagnosis
  • Anesthesia error or complication

Medical Malpractice Caused by the Doctor’s Actions

Just because you are unhappy with the results of your surgery (as an example), does not mean that you have the grounds for a medical malpractice suit. To file a successful claim, you must definitively link the actions of your doctor to the resulting injury and show that their actions deviated from the professional standard of dare you should have received.

Product Liability and Defective Medical Devices

With today’s modern medical achievements, many people rely on medical devices to improve their health or condition. But just as a faulty brake part can cause a car accident, a faulty medical device can cause injury or worse to a patient. If a medical device has caused injury instead of improving the patient’s health, it may be grounds for a medical malpractice claim.

Possible Compensation for Victims of Medical Malpractice

A common question we hear is, How much is my medical malpractice case worth? Given the wide array of cases, this is difficult to answer, but knowing what your case is worth is important. Once you settle on an amount, you can’t receive any further compensation. That’s why working with the experienced team of medical malpractice lawyers at Wilson Kehoe Winingham is so important. Our lawyers have helped many receive the compensation they deserve.

What Does it Cost to Pursue a Medical Malpractice Case?

If you are the victim of a medical error, the last thing you need to be worrying about is the cost of legal representation. Fortunately, when you work with an experienced medical malpractice lawyer at WKW, there is no up-front cost to you. In other words, you only pay legal fees if you receive a settlement. Since our lawyers only receive compensation if you do, there is no risk to you, and you’ll be aligned with your lawyer to work towards the best settlement outcome possible.

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

If you or a loved one believe you are the victim of medical error and have a medical malpractice case to pursue, there are certain steps you should take:

  1. Remain patient. We understand you are likely under stress and want to move as quickly as possible to resolve your medical issue. However, it is best to wait just a bit to see if the health care provider offers to try to remedy the situation.
  2. Gather documentation. Now is the time to get organized and pull all your information together. This includes:
  • Dates of appointments and treatments
  • Procedures performed
  • Any diagnoses given and when they occurred
  • Details on any prescription meds prescribed
  • Doctor names and contact info
  • Description of illness or injury that led you to seek care.
  1. Hire an experienced medical malpractice lawyer. You’ll want to find a lawyer the experience relevant to your case, such as the seasoned lawyers at WKW.
  2. Try to remain calm. Yes, you are probably feeling a broad range of emotions, including anger and frustration, but now is not the time to share your feelings and experience with everyone you know. Remember that anything you say could later be held against you.

What to Consider When Choosing a Medical Malpractice Lawyer

Finding yourself the victim of medical error can be stressful. You may have lost your quality of life or be unable to work with bills piling up. When you’re researching lawyers to work with, you’ll want to seek a lawyer who is specifically experienced in medical malpractice cases, especially with experience that is specific to your case.

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

Hiring a medical malpractice lawyer can help you navigate the process and get the compensation you deserve. Our medical malpractice lawyers at Wilson Kehoe Winingham have decades of experience and are here in Greenwood and ready to help. We also work on a contingency basis, which means there is no up-front cost to you. Don’t go it alone when you can have a local, experienced lawyer at your side.

Statute of Limitations for Medical Malpractice Claims in Greenwood, IN

Each medical claim has a limited timeframe in which to file a claim, usually dictated at the state level. Known as a statute of limitations, Indiana law states that a medical malpractice claim must be filed within two years of the medical error incident. There are exceptions that can extend this deadline, such as if you only learn of the medical error much later than the actual date of the incident.

Reach Out to Experienced WKW Medical Malpractice Lawyers in Greenwood Today

Finding yourself 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. We limit the number of cases we take on to ensure you get the attention your case deserves. And with our free, no-obligation consultation, you have nothing to lose by reaching out. Call our Greenwood offices today at (317) 576-3859.

What Is Medical Malpractice?

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