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.
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.
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.
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.
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.
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.
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.