Our Indianapolis, IN medical malpractice lawyers know that medical malpractice claims are some of the most difficult types of personal injury claims to manage. At Ward & Ward Law Firm, we know that victims of medical malpractice accidents are facing many uphill battles. If you or someone you love was the victim of medical malpractice, whether, from a doctor or a dentist, or even a nurse, you may be wondering if you are able to file a lawsuit to recover your financial losses. Although these kinds of civil suits can be extremely complex and time-consuming, it may be possible to recover the money that you’ve lost due to the medical professional’s poor judgment. Because these cases can be so overwhelming, it’s often recommended to hire a medical malpractice lawyer that Indianapolis, IN residents, can rely on before taking any legal action.
What is medical malpractice?
Medical malpractice can occur when a provider fails to provide the legal standard of attention and care in their profession. Medical providers, such as doctors and nurses, have a duty of care towards their patients. When a medical professional fails to provide that minimum level of care and injures a patient, that patient may be able to file a medical malpractice lawsuit. At this point, it may be in your best interest to discuss your case with an Indianapolis, IN medical malpractice lawyer to discuss next steps.
Malpractice cases can be incredibly complicated because there are several components that an injured plaintiff must prove. First, they must prove that the medical professional had a responsibility to abide by a certain standard of care and failed to do so. Second, they must prove that this lack of care directly resulted in the injury. Similar to other types of personal injury claims, the plaintiff and their medical malpractice lawyer from Indianapolis, IN will have to show that the error or lapse in medical care could have been prevented or mitigated. In many malpractice cases, injured victims aim to prove this by showing that another medical professional, with similar experience and knowledge, would have known to act differently in order to prevent the injury.
Types of Medical Malpractice Cases
If you have experienced any of the following medical situations, you may want to consider hiring a trusted Indianapolis, IN medical malpractice lawyer.
Misdiagnosis: If your condition worsened due to the doctor’s inability to diagnose you correctly, and if another medical professional would have been able to provide an accurate diagnosis, you may be entitled to compensation. Our medical malpractice lawyer available in Indianapolis, IN may be able to assist you in the legal process for your case.
Surgical Mistakes: This is when a surgeon operates on or removes the wrong organ, or when a piece of medical equipment is accidentally left inside the patient. Anesthesia errors may also justify filing a medical malpractice claim.
Prescription Errors: This is especially common in hospitals, where nurses could easily mix up patients’ prescriptions.
Failure to Inform: If a doctor did not inform you of the risks involved with your procedure or treatment, or if they failed to predict a potential drug interaction or risk, you may have a valid injury claim. If the medical provider recommended an inappropriate treatment or procedure, you will also want to reach out to a medical malpractice lawyer in Indianapolis, IN.
How Do I File a Medical Malpractice Claim?
If you or a loved one has been injured by a doctor, medical professional, or medical facility, you may be able to file a medical malpractice claim. Doing so might feel a bit daunting, especially if this is your first time trying to navigate the legal system. It must be noted that, in general, it is very risky to pursue a claim like this on your own. You should choose to have a medical malpractice lawyer Indianapolis, IN relies on to handle your malpractice suit and stand by your side to ensure your rights and interests are protected.
Medical malpractice claims should be filed by the injured patient or their family member. In order to determine whether or not you have an eligible claim, it is recommended that you ask a medical malpractice lawyer in Indianapolis, Indiana. What they will look for first is to see if another medical professional, who is the same or similar profession, would have exercised the same care in a similar circumstance. If not, then you may have a case.
1. Know What Went Wrong
It might help to have an idea of what went wrong prior to pursuing legal action. Often, this gives the medical professional the opportunity to correct the mistake, if possible, at no cost. Whether this is even an option will largely depend on your circumstances.
2. Contact the Medical License Board in the State of Indiana
Our medical malpractice lawyer in Indianapolis, IN wants you to be aware that while you cannot receive monetary damages from your states’ medical licensing board, it’s important to let them know what happened. They may proceed with their own investigation which could result in fines, warnings, disciplinary measures, and even a suspension or revocation of the alleged medical license.
3. Understand the Limits to File
In order to file a medical malpractice claim with the help of our medical malpractice lawyer in Indianapolis, IN, you must do so within the time limits of the state in which the incident occurred. If you miss this deadline, there is a good chance your case will be dismissed. By working with a medical malpractice lawyer that Indianapolis, IN trusts, you can feel confident in knowing the deadlines are met in a timely manner.
4. Get a Medical Evaluation
More than likely you will need to get a medical evaluation from a third-party doctor. This will confirm, or invalidate, that your injuries were indeed the result of medical malpractice. A medical malpractice lawyer in Indianapolis, IN can help to arrange this.
5. Contact an Indianapolis, IN Medical Malpractice Lawyer
Step 5 doesn’t have to be the last step. You can contact an Indianapolis, IN medical malpractice lawyer at any time. In fact, it can be the first thing that you do and may help you to proceed with your case as efficiently as possible. Bear in mind that there are many different types of lawyers; however, it is advisable to turn to a firm who has experience representing medical malpractice cases.
In general, if you think you were injured because of a medical professionals wrongdoing, negligent actions, or malicious behavior, you should not delay in asking an experienced medical malpractice lawyer in Indianapolis, IN to review the circumstances of what happened.
Contact Ward & Ward Law Firm
If you or someone you love has been injured at the hands of a medical professional, you may be able to recover your financial losses. Contact Ward & Ward Law Firm today to set up a free consultation with a medical malpractice lawyer Indianapolis, IN families know and trust.
An Indiana Medical Malpractice Lawyer You Can Rely On
With more than 9 decades of combined professional experience, our team of medical malpractice lawyers in Indianapolis, IN have spent years in actual courtrooms. We have fought for victims who have experienced medical errors and won nearly every case. That being said, many cases don’t ever make it to the courtroom, often these cases are settled out of court and for maximum damages. Ward & Ward Law Firm has the resources needed to hire investigators, specialists, and expert witnesses which are often necessary to prove a medical malpractice case.
If you or a loved one has been injured because of medical malpractice, you might feel confused and overwhelmed about what you should do. Calling an Indianapolis, IN medical malpractice lawyer should be your first decision.
Medical Malpractice Explained
Medical malpractice refers to medical negligence committed by a medical doctor, nurse, specialiaist, pharmacist, technician, or another healthcare provider that has resulted in injury or harm. There are many types of medical malpractice, and no two cases are exactly alike; however, it is possible for a case to be part of a class-action lawsuit or multidistrict jurisdiction suit. In general, if you were misdiagnosed and you became more injured or sicker instead of getting better, it is advisable to ask an Indianapolis, IN medical malpractice lawyer to review your case.
Suing a Hospital or Medical Professional When You Signed a Waiver
Regardless of what type of treatment you have been given, there will be a certain level of risk involved. In general, before a patient undergoes a procedure, they will be asked to sign various waivers. These will likely ask the patient that they understand what to expect and any associated risks. Although a waiver might read as if you are indemnifying the professional or hospital of any liability or negligence, this is not necessarily true. Medical waivers can protect a hospital or medical professional. However, a medical malpractice lawyer from Indianapolis, IN will tell you there are ways in which a patient who has been affected by malpractice can pursue an injury claim. These cases are often complicated, so anyone who believes they are a victim of medical malpractice should consult a medical malpractice lawyer from Indianapolis, IN.
Time Limits to File a Case
Depending on where you received treatment will depend on the length of time you have to file a claim. That being said, the average statute of limitations is two years from the date on which you knew or should have known that an injury occurred. Some states have less or more than this average. Our trusted medical malpractice lawyer in Indianapolis, IN wants you to know that if you miss the statute of limitations, there is a good chance your case will be thrown out of court.
Furthermore, some states impose a separate time restriction on medical malpractice – with Florida being one of them. This is known as a statute of repose. Basically, an injured victim of medical malpractice cannot file a claim or lawsuit against a healthcare provider after a certain period of time after the malpractice happened. For example, in Florida, this statute is four years. If you did not realize within four years that you were affected by malpractice, and you found out in the fifth year, for example, you may not be able to seek damages at all. There are of course exceptions to all-time limits, including cases of fraud, misrepresentation, or concealment. In select cases, birth injuries may not be included in the general time limits. A medical malpractice lawyer can explain these to you in further detail. Our Indianapolis, IN medical malpractice lawyers can help to better explain the laws surrounding the statute of limitations in the state of Indiana.
Experiencing injuries that were the result of medical malpractice call for the help of Ward & Ward Law Firm to ensure that your case is properly managed. Contact our medical malpractice lawyer that Indianapolis, IN trust, today.