According to the Journal of Patient Safety, 210,000 to 440,000 people needlessly die each year from medical negligence. That makes medical errors the third leading cause of death in our country.
Medical malpractice is negligence caused by the acts or omissions of a healthcare provider, like doctors, nurses, and hospital staff. When doctors, nurses, and hospitals make mistakes, the results can be catastrophic. The Avon medical malpractice lawyers at Wade Law, P.C. will fight to hold healthcare providers responsible for their negligence.
What Are Some Examples of Medical Malpractice
Medical malpractice occurs when these standards are broken and you receive an injury because of that breach. Common medical malpractice examples include:
Hospital Safety – If you or a loved one has visited a hospital because of illness or injury, you deserve to be treated with care. If hospital staff has acted negligently, you may be entitled to compensation for your injuries. The Avon medical malpractice lawyers at Wade Law can help if you have been a victim of negligent care at Hendricks Regional, Methodist Hospital, Eskenazi Hospital, or any other medical facility in Indiana.
Birth Injury – Birth injuries can happen in many ways, from ignoring low oxygen levels to using too much force during delivery to ignoring low oxygen levels. Heartbreakingly, many birth injuries are completely preventable if proper care and attention are given to the mother and child.
Misdiagnosis – Misdiagnosis is one of the most common medical mistakes and can leave patients suffering unnecessarily. Not being treated for an illness you do have and being treated for something you do not have is often a deadly combination. Also covered under the misdiagnosis umbrella is missed diagnosis, when a doctor issues a false clean bill of health, thus losing precious treatment time.
Surgical, Anesthesia, and Radiology Errors – Simple errors can be deadly when in hospitals and medical facilities. Often, these errors stem from lack of attention and care by the medical personnel. This happens for many reasons, from overtired workers to communication barriers to a lack of training. Regardless of the reason, an Avon medical malpractice lawyer will get to the bottom of why a patient was seriously injured.
For a free legal consultation with a medical malpractice lawyer serving Avon, call (815) WADE-LAW
Possible Damages in Medical Malpractice Cases
Indiana limits all cases of medical malpractice filed after July 30, 2019, to $1.8 million. Indiana has a Patient’s Compensation Fund that pays a large portion of high-value settlements and judgments, and the state sets this cap to avoid depleting the fund.
Below this cap, any cost related to your injury, including intangible ones, could be compensated through a lawsuit against your medical practitioner. This includes current and future medical bills, lost wages, pain and suffering, and many others.
When you hire our medical malpractice attorneys in Avon, IN, after your consultation, our first priority is to gather all the evidence we need to prove your case, including the costs now and in the future you may not know about.
Avon Medical Malpractice Lawyer Near Me 815-923-3529
Proving Medical Malpractice
There are four things we have to prove to win a medical malpractice lawsuit:
- The people or institution we sue must have a duty of care toward you. That is, we must prove you were a patient.
- Whoever we sue must have violated that duty of care by breaching the standard of care set by professionals in their field of practice.
- That violation must lead to your harm.
- That harm must be proved.
Some of the evidence we’d use includes medical records, bills and pay stubs, testimony from expert witnesses, and more. It all depends on the details of your case. Malpractice is a very fact-oriented area of personal injury law, so our attorneys in Avon will take careful note of everything that happened.
Can I Automatically Sue in Court?
No. Your Avon medical malpractice lawyer will first file a proposed complaint with the Indiana Department of Insurance and have your case evaluated by a medical review panel consisting of three physicians. If there is only one defendant, at least two of the three panelists must be from the defendant’s specialty. If there are multiple defendants, the parties try to ensure the most appropriate representation possible on the panel. After the panel has issued its report, you can choose whether to proceed to court. The panel’s report is admissible as evidence in court, but not conclusive, and the panel members can be called as experts.
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How Long Do I Have to Sue for Medical Malpractice in Indiana?
Less time than you think. Code 34-11-2-3 of Indiana law states that medical malpractice lawsuits must be brought within two years of when the error happened, not when you noticed the injury. The major exception is children under the age of six, which have until their 8th birthday to sue.
However, there are exceptions that could push the start date forward in time so that you can still sue. It depends on certain factors. Your medical malpractice lawyer in Avon can tell you whether you’re in the time limit and stop the clock while they work on your case.
Wade Law Is Ready to Help
If you live in Avon, Indiana, and you need medical malpractice representation, Wade Law is ready to help you. We have experienced lawyers in this field of personal injury. We know how hard these cases can be to prove, but we will make every effort to get you compensation.
To get started, schedule a consultation with us by phone or by our online contact form. Our Avon medical malpractice attorneys look forward to getting you the care and compensation you deserve after your medical injury.