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 Noblesville, Indiana.
Noblesville, Indiana is a city in and the county seat of Hamilton County, located in the suburbs north of Indianapolis. This vibrant and growing city now has a population of more than 60,000 residents and is considered a great place to raise a family. The “hipstoric” downtown area offers historic roots with a modern vibe through new restaurants, shops, and public artwork. The city’s highly ranked schools and affordable housing market have earned Noblesville accolades as a desirable place to live in the U.S.
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 Noblesville medical malpractice lawyer from Wilson Kehoe Winingham, you’re taking the first step in working towards the compensation you deserve.
Medical malpractice cases can take many forms, as the practice of medicine is complex and there are generally many different parties who could be held liable. We’ll discuss some more common examples here.
Doctors are human and can make errors, but their errors can have life-altering impacts. These can take many forms, such as failure to diagnose, misdiagnosis, or delayed diagnosis by the medical provider.
One of the most tragic types of medical malpractice, birthing errors can happen during labor or delivery, sometimes resulting in lifelong damage to the newborn or the mother.
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.
Anesthesia has helped make the practice of modern medicine a reality, as more invasive procedures have become commonplace. But mistakes can happen here, too. Examples include inadequate dosage, delayed dosage, failure to acknowledge conflicting reactions to other medications, failure to provide proper instructions prior to surgery, or exceeding dosage.
Any surgery entails risk. And sometimes we’re not happy with the results of our surgery. But not being happy with results is not a reason for a medical malpractice claim. Claims may entail 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.
Hospitals have protocols in place to protect patients from infection. If it can be proven that a medical provider or the facility failed to follow those protocols, it may be grounds for a malpractice case.
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 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.
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 Noblesville, Indiana medical malpractice case, you’ll need to be able to link the medical provider’s actions directly to your injury.
The purpose of filing a medical malpractice case is to provide an injured patient with the opportunity to recover financial compensation for the damages caused by a medical professional.
For example, if a doctor fails to diagnose a disease properly or makes an error during surgery, the affected patient can recover money for the costs of additional medical treatment, lost wages or missed professional opportunities and true instances of emotional pain and suffering.
You’ll want to work with an experienced medical malpractice attorney in Noblesville, Indiana to guide you through the steps of this process.
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 Noblesville medical malpractice lawyers handle a wide variety of case types, including diagnosis errors, birthing injuries, medication errors, anesthesia errors, surgical errors, and hospital infections.
Hiring a medical malpractice lawyer can help you navigate the process and get the compensation you deserve. This also allows you to focus on your recovery. Our medical malpractice lawyers at Wilson Kehoe Winingham have decades of experience and are here in Noblesville 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 for the entire process.
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 Noblesville offices today at (317) 576-3859.
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