Our law firm’s personal injury and wrongful death litigation includes cases which originate from medical errors and mistakes. The law of medical malpractice defines negligent medical conduct as doing something that a reasonably prudent health care professional in that field would not do, under the same or similar circumstances. An Indiana medical malpractice lawyer must present expert testimony on the standard of care required of professionals in the field of the defendant.
Normally, a personal injury attorney must prove that the defendant breached or failed to adhere to that standard of care, causing the plaintiff’s injury. A negative medical result, in and of itself, does not mean that the doctor committed malpractice. Medical treatment carries with it no guarantee of success. Many medical procedures involve risks which cannot be avoided even if the doctor exercises great caution.
What It Takes to Pursue a Medical Malpractice Claim
Physicians and hospitals rarely admit mistakes. Even in cases that seem to be clear cut, you can expect a defendant to fight any claim of wrongdoing. The Law Offices of David W. Holub has successfully handled many medical malpractice claims ranging from birth injuries and brain injuries, to failure to diagnose cancer to nursing home abuse. We also have handled medication dosage injuries, and infectious disease claims.
Medical malpractice can also apply to nurses, dentists, osteopaths, physical therapy facilities and others providing health care services. There are many challenges these cases present and our team will work aggressively to overcome them. We also have experts at our disposal to help get to the truth of what happened. Our Indiana medical error attorneys are skilled at working to secure favorable settlements and jury awards if settlement is not possible.
Medical Negligence
Negligence by a medical professional could be the result of an error in diagnosis, treatment, or illness management. It is based on a failure to follow accepted standards of practice. For example, a hospital may provide improper care in not properly assessing a fall risk resulting in a patient fall. Or, there may be an error in dispensing medications, or a failure to maintain sanitation or providing below standard nursing care. The law involving medical malpractice is designed to protect patients’ right to compensation if they are injured as the result of negligence.
But malpractice suits are rarely simple and they are costly to fight. Sometimes the time and money needed to pursue compensation for an injury that is minor or heals quickly should not be spent. If you believe you have a medical malpractice claim, it is important to consult with an Indiana attorney who can help you determine whether your claim should be pursued.
The Necessary Elements
There are specific elements that lawsuits against healthcare providers must establish to prevail and collect a settlement successfully, and those include:
- Evidence of a doctor and patient relationship to establish the healthcare provider had a legal duty to provide a professional standard of treatment
- The actions of the provider failed to meet the necessary standard, causing a breach of legal obligations
- A connection between the doctor’s violation to provide the professional standard of care and the injuries the patient suffered
- The negligent medical care caused the patient to sustain verifiable damages
The most challenging element to establish is the defendant’s breach of medical care, and the lawsuit must prove they strayed outside the acceptable standard when they treated the patient. Evidence to satisfy the breach can include expert testimony and certified affidavits from other providers practicing in the same field.
For example, when stroke victims seek care at an emergency room, there are life-saving medications to reverse or limit the damage caused by the medical emergency. Physicians may choose not to prescribe the medication for various reasons. If an Indiana medical malpractice attorney reviews the patient’s medical history and determines there were no valid reasons for the doctor to decide against the medicine, there could be cause for legal action.
Indiana’s Medical Malpractice Act
Indiana has a medical malpractice law that protect patients by allowing them to pursue damages after receiving negligent medical treatment from a certified healthcare provider or facility. One vital statutory rule to understand is the time limit for petitioning the civil court to commence legal action.
Indiana Code § 34-18-7-1 provides that, except for cases involving specific circumstances, the maximum time to file the claim is two years. When the patient does not know of the injuries immediately, the court may extend the time from the date of discovery. The legislation further caps the damages a patient may collect at $1,800,000.
How Do Attorneys Analyze Medical Malpractice Cases?
Indiana Caps Recoveries Against Doctors in Medical Malpractice Cases
Timing of Medical Malpractice Claim
Causes of Medical Malpractice Lawsuits
Nobody assumes they will visit their family doctor or local emergency room thinking they may sustain an injury due to negligence of a certified medical professional. While most have heard of medical malpractice, they have no idea how common the cases are. The following are some of the most prevalent types of malpractice cases we handle in Indiana.
Birth Injury Claims
Lawsuits resulting from birth injuries include:
- Brachial Plexus Injury
- Brain Damaged Babies
- Cerebral Palsy
- Circumcision Malpractice
- Erb’s Palsy
- Fetal Distress
Shoulder Dystocia, stillbirth, brain injuries from lack of oxygen, and injuries sustained by the mother during delivery would also fall within the group.
Screening, Dosage, and Medication Interaction Errors
Medication dosing and screening actions may result from:
- Colon Cancer Screening and Colonoscopies
- Dental Malpractice
- Drug Interactions and Overdoses
- Negligent doctors, nurses, and pharmacists.
- Infections
When patients become ill from infections in the hospital, there could be cause for a medical malpractice claim with one of the most common being MRSA infections.
Emergency and Surgical Room or Diagnostic Errors
The stakes are high in the ER or surgery room, but that does not absolve those legal professionals of following the standard of care. Medical errors in these situations could involve:
- Emergency Room Diagnosis Errors
- Errors in Triage
- Anesthesia mistakes
- Intubation and Tracheal Tube Errors
- Plastic Surgery Malpractice
- Surgical errors
- Infections Acquired During Surgery
- Diagnosis errors
- Misinterpretation of screening and test results
Sustaining an injury during a medical procedure or delayed diagnosis of a severe disease does not always constitute the grounds for pursuing a settlement. However, when there is evidence a physician failed to meet the professional standard of care, personal injury laws hold the liable party legally and financially accountable. A medical malpractice lawyer in Indiana could review the statutes in detail and answer questions about the next steps during the consultation.
Call a Qualified Medical Malpractice Attorney in Indiana Today
You have the right to trust that you will receive a certain level of professional care and treatment when you visit a doctor or hospital. When you sustain harm because of negligence, state legislation gives you the legal right to pursue a settlement from the liable party.
However, even with the laws in place, the process to win an award from the civil court is complex, with many hurdles to overcome when trying to prove the necessary components required by law. Call The Law Offices of David W. Holub and schedule a meeting with our knowledgeable Indiana medical malpractice lawyer for more information.