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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 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.
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.
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:
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:
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.
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.
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.
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.
You must also be able to show a direct link from the doctor’s actions – or lack of action – to your injury or illness.
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.
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.
More common medical malpractice claims include:
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.
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.
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.
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.
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:
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.
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.
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.
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.
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