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 Plainfield, Indiana.
Plainfield is a small but growing community located in Hendricks County, Indiana, with a population of more than 35,000. The town is sought-after by families and boasts a popular trail system for all to enjoy. It is also home to the county’s only full-service convention center, due to its proximity to Indianapolis International Airport.
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 Plainfield, Indiana medical malpractice lawyer from Wilson Kehoe Winingham, you’re taking the first step in moving towards the compensation you deserve.
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 also 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.
Medical malpractice suits happen when a doctor either failed to act or acted in a way that caused harm to a patient. They typically require extensive investigation of what happened to prove that the doctor or medical facility was at fault. Causes of medical malpractice may include prescription error, surgical negligence, medical device failure, and improper treatment.
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 Plainfield medical malpractice attorneys handle a wide variety of case types, including diagnosis errors, birthing injuries, medication errors, anesthesia errors, surgical errors, and hospital infections.
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 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.
Losing a loved one due to a medical error is heartbreaking and life-changing. While there is obviously nothing that can be done to bring them back, you may be able to file a wrongful death claim against the healthcare provider. At a minimum, this could help you to cover medical bills, funeral expenses, and loss of income.
To have a case, it would be necessary to be able to prove that the negligence of the provider directly led to your loved one’s death. In addition, you must be a close relative—such as a spouse or minor child—and have suffered financial loss due to the death of your loved one.
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 Plainfield 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.
The good news is that reputable medical malpractice law firms will not ask for money upfront to represent you. The lawyers at Wilson Kehoe Winingham work on what’s known as a contingency basis. This means that you’ll only pay for legal representation if you receive a settlement, with the lawyer fees being a percentage of that amount.
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 Plainfield, 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 Plainfield, Indiana to guide you through the steps of this process. Medmal cases can be complex and rely on expert testimony to prove negligence.
Finding yourself or a loved one as 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 Plainfield offices today at (317) 576-3859.
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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.
Medical malpractice cases are complicated by nature. This is initially due to the fact that there are complex medical issues to dissect in addition to legal issues. Also, Indiana’s medical malpractice statute, unfortunately, requires cases to be presented to a medical review panel before going through the court system, which adds another layer of time and complexity.
It’s not unusual for a medical malpractice case to take two to three years to work its way through the process. Knowing this, with any medical malpractice cases, only a significant injury or damage warrants the time and energy required to endure such a difficult process.
Medical malpractice claims vary significantly case by case. Your claim may be filed against an individual, multiple parties, or an institution, depending on which party is shown to have acted in a negligent manner. Examples of potentially liable parties include:
Let WKW put our experience to work for you. Contact us for your free case evaluation.