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 before taking any legal action.
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 toward 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.
Malpractice cases can be very difficult to prove 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 a patient’s injury. Similar to other types of personal injury claims, the plaintiff 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.
If you have experienced any of the following medical situations, you may want to consider hiring a 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.
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 their malpractice suit on 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 to review your case. 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.
-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.
-Contact the Medical License Board in Your State
You cannot receive monetary damages from your states’ medical licensing board, but you can let them know what happen. 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.
–Understand the Limits to File
In order to file a medical malpractice claim, you must do so within the time limits of the state in which the incident occured. If you miss this deadline, there is a good chance your case will be dismissed. By working with a medical malpractice lawyer in Indianapolis, IN trusts, you can feel confident in knowing the deadlines are met in a timely manner.
-Get a Medical Evaluation
More than likely you will need to get a medical evaluation from a third party doctor. This will confirm, or not confirm, that your injuries were indeed the result of medical malpractice. A medical malpractice lawyer in Indianapolis, IN can help to arrange this.
-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 anytime. In fact, it can be the first thing that you do and may help you to proceed with your case as efficiently as possible. Bare in mind that there are many different types of lawyers; however, it is advisable to turn to a firm who has experience with, specifically, 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.
Considering Apologies and Medical Negligence Claims
Physicians on popular medical dramas are often reminded that apologizing to a patient when a mistake has been made will decrease their chances of being sued in response to that harmful mistake. Apologies are important. When a patient has placed his or her trust in a medical provider and that provider has harmed the patient after behaving in a negligent way, it is completely appropriate to assume responsibility for the misstep and express remorse for having caused harm. The very least that patients deserve from their care providers is that they are forthright about their providers’ decisions – both those that are medically sound and those that were made in error.
However, the idea that apologizing for negligent healthcare choices resulting in harm should reduce one’s risk of being held liable in court is perplexing. Why should an apology insulate a healthcare provider from having to provide for a patient’s economic and noneconomic losses that resulted from the healthcare provider’s legally negligent judgment? The law in many states has begun to address the imbalance associated with apologies/personal responsibility and liability/professional accountability. And partially as a result of this change and public education about patients’ rights, more patients are feeling empowered to consult with legal representation before making a decision about whether or not to sue in the wake of an apology. As it is critically important to learn about your rights and options before making an informed decision, please connect with an Indianapolis, IN medical malpractice lawyer today if you have been harmed as a result of medical negligence.
Accountability and Liability
In recent years, a number of states have passed “apology legislation” into law. These statutes allow physicians to express remorse without fear that apologizing will be used against them in the event that the patients they have harmed try to sue them. Hospital administrators have also begun urging physicians to apologize for mistakes in the hopes that an apology will be “enough” for a patient and that patient will refrain from filing a medical negligence claim. However, a 2017 study conducted by Vanderbilt University determined that apology laws are not reducing the number of medical malpractice claims filed by injured patients. Why? Perhaps because more and more Americans are learning that they do not have to shoulder the economic and noneconomic burdens caused by a physician’s temporarily poor judgment. The law affords patients and their Indianapolis, IN medical malpractice lawyers a way to hold healthcare providers responsible for their legally negligent conduct for a reason. It is not a patient’s job to suffer unnecessarily simply because a healthcare provider has said, “I’m sorry.”
Apologies are important. But so is consulting with an Indianapolis, IN medical malpractice lawyer in the wake of harmful medical negligence. The presence of one of these elements neither makes the other less relevant nor less important.
Medical Malpractice Claims Assistance Is Available
If you have been harmed while obtaining medical treatment, you may be the victim of medical negligence or medical malpractice in another form. Please consider scheduling a consultation with Ward & Ward Law Firm today. Speaking with an Indianapolis, Indiana medical malpractice lawyer does not commit you to filing a personal injury claim. Setting up a consultation will simply allow you to obtain answers to any questions you have about the legal side of your situation. Should you ultimately choose to file a claim, our firm will serve as strong advocates for your interests throughout the process. Holding a medical provider accountable for negligent or reckless choices can be a stressful challenge. However, you do not have to navigate it alone. And you do not have to be the slightest bit shy about taking this step if doing so is in your best interests. Yes, everyone makes mistakes. But it is not your job to shoulder the burdens associated with someone else’s misplaced judgment.