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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. The term medical malpractice is used when the actions of a medical practitioner result in harm to a patient. Unfortunately, medical errors have been known to happen in smaller communities such as Zionsville, Indiana.
The term medical malpractice is used to describe when the actions of a health care provider or facility deviate from the expected level of care in their profession and act in a way that brings injury or harm to a patient. Providing proof that the doctor’s actions directly caused the resulting harm is at the core of any malpractice claim. The medical malpractice lawyers at Wilson Kehoe Winingham can help you through this complex process with the goal of receiving a fair and full settlement.
If you’re the victim of medical error, the incident has probably left you stressed out and in unfamiliar waters. There are few steps you should take to help put together the best claim possible:
Every medical malpractice case is different and the particulars of your matter will dictate who is likely liable for the medical error. Examples of parties who are often held liable include:
Indiana Civil Code 34-18-2-18 defines medical malpractice as a “tort or breach of contract based on health care or professional services that were provided, or that should have been provided, by a health care provider, to a patient.” In your Zionsville, Indiana medical malpractice case, you’ll need to prove the following elements:
If your medical error is the result of the actions of a medical professional, then you’ll want to hold them accountable. However, you must be able to prove that your current condition is a result of negligent care and not just a worsening of your original condition.
Doctors have a duty to share appropriate and adequate information with patients or to disclose a diagnosis or share concerns on findings to a patient in a timely manner. The same goes for conveying to inform patients on the possible dangers of drugs that are prescribed or other potential treatments. Failure to do so could result in harm to the patient.
Doctors or other medical providers are expected to provide care to the expected standard of their profession. Not doing so could result in harm to a patient. In other words, if another doctor would have provided care in the expected way that would not have resulted in harm, your doctor failed to provide the acceptable standard of care.
There is a wide range of types of malpractice claims. They can range from a missed diagnosis or a prescription error to a surgeon operating on the wrong body part.
Common types of medical malpractice cases include:
Being happy with the results of your surgery, for example, is not grounds for a malpractice suit. To file a claim, you must show that the doctor was negligent in their behavior and that their behavior resulted in harm to the patient.
Medical devices are now commonplace in modern medicine and improve the lives of patients on a number of levels. But what if you receive a device that is faulty or flawed? This could result in harm or even death to a patient and certainly may be grounds for a medical malpractice case.
Even if you’ve been the victim of medical error, there could be hesitation to file a lawsuit. It might seem too intimidating, or you just want to direct your energy towards getting better. But there are a couple of reasons you should seriously consider pursuing legal action.
First, you could receive a financial settlement that will help you get your life back on track to where it was before. The settlement may cover your medical bills, lost wages if you were unable to work, and recognize your pain and suffering.
Second, there is the aspect of justice. This goes beyond being able to hold the damaging party responsible. It also brings the matter to the public and could help others to avoid the same fate.
When you’re under duress following a medical error, the last thing you need to worry about is adding the cost of legal expenses to your woes. Fortunately, the medical malpractice lawyers at WKW are here to help and they work on a contingency basis. This means that there is no cost upfront to you because you only pay legal fees if you receive a settlement, with the lawyers taking a percentage. This also aligns your goals with your lawyer’s goal to receive the best settlement possible.
If you or a loved one believe you are the victim of a medical error, there are certain steps you should take that may help you with your medical malpractice case.
If you or a loved one are the victim of medical error, you are likely under a lot of stress and may be unsure where to turn. A lawyer can help guide the way, but not just any lawyer. Your top priority should be to look for a medical malpractice lawyer, not a generalist, and one with experience relevant to your case. And be wary of any attorney who asks for cash upfront.
Wilson Kehoe Winingham offers a seasoned team of medical malpractice lawyers right here in Zionsville. Our lawyers have decades of experience and have handled all types of medical malpractice claims for our clients right here in the community. WKW limits the number of cases we take on so that every client—and their case—get the attention they deserve.
Most statute of limitations, or time limits in which to file a medical malpractice claim, are determined at the state level. In Indiana, the statute of limitations is two years from the date of the incident. However, exceptions can be made, including if you only learn of a medical error long after the actual incident.
The experienced medical malpractice lawyers at Wilson Kehoe and Winingham are here in Zionsville and ready to help you through this stressful time. Fill out our online contact form for a free, no-obligation consultation, or call our offices today at (317) 920-6425.
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Sadly, nothing can bring a loved one back to you. But losing someone you care about does not need to go unnoticed by others. To hold the party responsible, you may be able to file a wrongful death claim. To do this, you must be able to prove that the death is directly attributable to the actions of the medical provider. You must also be a close relative to file a claim, such as a spouse or minor child of the deceased.
Medical malpractice claims may be complex and difficult to prove, but don’t let this stop you from seeking justice. Typically, a patient seeks medical care or treatment due to an existing problem. This leads to many doctors defending themselves by stating that the current state of the patient is simply a worsening of that condition. Also, if your case proceeds to trial, you must find doctors willing to serve as expert witnesses against other doctors, which can be challenging.
Once you file your medical malpractice claim, settlement negotiations typically start. The insurance company will throw out a dollar amount for the victim to accept and then settle the case. An experienced medical malpractice lawyer will tell you that this is just the beginning and they will counter the offer. Generally, negotiations continue until a number is reached that both parties can agree to. However, if a settlement cannot be reached, your case will proceed to trial.
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Updated August 22, 2023Read Article
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