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Updated August 22, 2020
Medical malpractice occurs when a healthcare professional—a doctor, pharmacist, nurse, hospital, or other—causes harm to a patient through action or inaction. If you believe you have been injured by a medical provider, you might be entitled to financial compensation.
However, the laws surrounding medical malpractice are extremely complicated and vary from state to state. It can be difficult to determine whether you have a legitimate case.
Some legitimate cases, though, go unexplored.
There could be any number of explanations for why a patient would decide not to file a medical malpractice lawsuit. Here are six common reasons.
Each state has a statute of limitations for medical malpractice. This deadline is strict in Indiana, although there are some exceptions.
If victims don’t file their medical malpractice claim before the deadline, their claim will not be considered.
One common fear is that victims who file medical malpractice claims will receive inadequate healthcare in the future: doctors and hospitals may refuse to treat them.
The resolution to this fear? Doctors must uphold a standard of care for all patients at all times. Seeking compensation for medical malpractice, even at the same hospital or through the same clinic, should not affect your quality of treatment.
If the hospital and insurance company determine that a victim has adequate proof of medical malpractice and a legitimate claim, they will offer a settlement. If the victim agrees to the settlement, they cannot pursue a medical malpractice lawsuit.
Often, these settlements are drastically lower than what could be reached through litigation.
Ignorance about medical issues is a large part of why many victims do not pursue medical malpractice claims. They might think they are simply unlucky or not even realize an error occurred. Additionally, patients may not know where to turn for help.
In medical malpractice cases, the victim must prove negligence on the part of the healthcare provider. To do so, they need evidence.
If a victim is missing evidence or believes they do not have sufficient proof of medical malpractice, they might give up building their claim altogether.
Victims of medical malpractice may see legal expenses as a barrier to seeking compensation. They might believe that the financial costs of litigation don’t outweigh the possible damages earned.
Most legal counsel, including the attorneys at Wilson Kehoe Winingham, operate on a contingency fee basis, meaning that you only pay legal fees if we win your case. Don’t let perceived legal expenses stop you from seeking compensation.
If you believe that you or a loved one have been a victim of medical malpractice, you are urged to contact the attorneys of Wilson Kehoe Winingham. An experienced Indianapolis medical malpractice lawyer at WKW can help you get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.
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