Your Lafayette Indiana Medical Malpractice Lawyers

If you or a loved one are the victim of a medical error, you may be able to file a medical malpractice claim. Medical malpractice is a term used to describe when the actions of a medical provider result in harm to a patient. Sadly, this can happen anywhere, including in your hometown of Lafayette, Indiana. Hiring an experienced, dependable medical malpractice lawyer is essential to your case.

What Kind of Compensation Can I Receive From a Medical Malpractice Lawsuit?

There are two main types of damages recoverable from medical malpractice lawsuits: special damages and general damages. Punitive damages can only be sought if the malpractice was undeniably negligent or outrageous. These kinds of damages are quite rare.

1. 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.
2. 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.

Types of Medical Malpractice

Whether you have suffered a surgical error, were incorrectly diagnosed with a disease, or acquired an infection during a hospital stay, our legal team has the necessary experience to help you obtain the financial compensation you deserve. Our Lafayette medical malpractice attorneys handle a wide variety of case types, as detailed below.

Medication Errors

Doctors can make errors by prescribing the wrong medication, incorrect dosage, or the improper administration of the drugs. This could also be a case of prescribing a combination of drugs that can lead to an adverse effect on the patient.

Diagnostic Errors

Doctors are human and can make errors, but their errors can have life-altering effects. These errors can take many forms, such as failure to diagnose, misdiagnosis, or delayed diagnosis by the medical provider.

Communication Errors

Clear and thorough communications are crucial to providing proper healthcare. But mistakes can and do happen, leading to errors with often serious repercussions. A 2016 study showed that communication errors played a role in 30% of medical malpractice claims, resulting in nearly 2,000 deaths annually in the U.S. These errors can happen anywhere along the chain of care, including from a nurse or doctor to the patient, or from one medical professional to another.

Surgical Errors

Any surgery entails risk. And sometimes we’re not happy with the results of our surgery. But not being happy with results is not reason enough for a medical malpractice claim. Examples of claims could be a surgeon leaving a sponge or tool inside the body, operating on the wrong body part—say the left foot instead of the injured right foot—or performing the wrong surgery on the wrong patient.

Additional Examples of Medical Malpractice

Medical malpractice cases are as varied in-depth as the field of medicine. Additional examples include dental procedure errors, nursing home facility errors, medical product failures, or birthing errors.

When Can I Press Charges for Malpractice in Lafayette, Indiana?

If you or a loved one in Lafayette are the victims of medical error, you’ll want to speak with an Indiana medical malpractice attorney as soon as possible to see if you are eligible to file a claim. The sooner you get started with the process, the better, so your lawyer can start their investigation into what went wrong and who is liable.

Medical malpractice cases have a limited timeframe in which they can be filed, known as the statute of limitations. In the state of Indiana, that limit is two years after the date of the incident. There are certain exceptions to this rule, such as if the patient only learns of the medical error a given time after the actual procedure, but it’s best to take action right away.

Proving Fault in a Lafayette, Indiana Medical Malpractice Case

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 Lafayette, Indiana medical malpractice case, you’ll need to be able to link the medical provider’s actions directly to your injury.

“How Much Is My Lafayette, Indiana Medical Malpractice Case Worth?”

This is one of the most common questions we get asked; it’s also the most difficult question to answer. Each medical malpractice case has its own, unique set of circumstances. 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 served as counsel on all types of these lawsuits and will not leave money on the table.

Types of Injuries From Medical Malpractice

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:

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

WKW: Experienced Lafayette, Indiana Medical Malpractice Lawyers

Hiring an experienced lawyer can help you navigate the complex medical malpractice process and get the compensation you deserve. This also allows you to focus on healing and getting your life back on track. Our experienced medical malpractice lawyers at Wilson Kehoe Winingham have decades of experience and are right here in Lafayette, Indiana and ready to help. Don’t go it alone when you can have a local, experienced lawyer at your side.

How Much Does it Cost to Hire a Medical Malpractice Lawyer?

Don’t let the fear of not being able to afford a medical malpractice lawyer stop you from getting the help and guidance you need—and the compensation you deserve. Most reputable medical malpractice lawyers work on what’s known as a contingency basis. This means that there’s no up-front, out-of-pocket cost to you. Instead, when you are awarded your settlement, the lawyers receive a percentage of the money awarded. So not only does this help alleviate the financial burden on the victim, but it also aligns the interests of both client and lawyer to seek the maximum possible settlement.

Reach Out to Us for Help With Your Lafayette Medical Malpractice Concerns

The Lafayette, 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 healing. Reach out to us at (317) 920-6425 or go online to set up a no-obligation, free consultation.

Frequently Asked Questions:

How long after medical malpractice can you sue?

Medical malpractice cases have a limited timeframe in which they can be filed, known as the statute of limitations. In the state of Indiana, that limit is two years after the date of the incident. There are certain exceptions to this rule, such as if the patient only learns of the medical error a given time after the actual procedure. Speak with an experienced medical malpractice attorney right away to see if you are eligible to file a claim.

What’s the max amount of money I can make from a medical malpractice case in Indiana?

In medical malpractice cases, ‘damages’ is a term used to refer to compensation. There are three types of damages recoverable from medical malpractice lawsuits: general damages, special damages, and punitive damages. Punitive damages can only be sought if the malpractice was undeniably negligent or outrageous. These instances are very 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.

Regardless of the type or severity of the injury, the amount of money awarded in a medical malpractice lawsuit is capped in several states, including Indiana. Beginning in 2017, the medical malpractice damage cap was raised from $1.25 million to $1.65 million. Then, in 2019, the cap was raised again to $1.8 million, if your injury occurred on or after July 1, 2019.

Why should I choose a medical malpractice lawyer over a personal injury lawyer?

In theory, the two are quite similar. They both deal with people seeking compensation and justice for injuries that were not caused by their own actions, but rather through 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 focused more on the number of damages.

In contrast, successful medical malpractice cases must prove that the healthcare provider was negligent in their actions, which most healthcare professionals are hesitant to admit to. Medical malpractice cases are more specialized in their nature, requiring both legal and medical knowledge. Additionally, medical malpractice cases will often benefit from expert witnesses in the medical field, which can be hard to find if you don’t already have an established, trusting relationship. That’s why hiring an attorney experienced in the field of medical malpractice is a must.