People visit doctors, clinics, and hospitals to get the help they need with their injuries, illnesses, or chronic diseases. Doctors, nurses, and other medical staff are highly trained to deliver proper care and help you recover when possible. When these professionals act carelessly or use poor judgment, otherwise known as medical malpractice, the results can be catastrophic and lead to crippling injuries or even cause death.
Unfortunately, medical malpractice is astonishingly common, and people suffer at the hands of those they are supposed to trust. If you or a loved one has been injured, or if one of your family members died, as the result of medical malpractice, you should contact a medical malpractice attorney right away. Experienced medical malpractice lawyers can help you hold the guilty party accountable and receive the funds you need in order to recover and move on.
What Actions Are Considered Medical Malpractice?
Because the healthcare field is so complex and doctors have a huge set of responsibilities, there are numerous different actions, or lack of actions, that can be considered medical malpractice. Some of the most common medical errors that may lead to a malpractice lawsuit are:
- Early discharge
- Lack of follow-up
- Prescribing incorrect medication or dose
- Leaving tools or materials inside a patient’s body after surgery
- Unnecessary surgery
- Operating on the wrong body part
- Pressure ulcers and bedsores
Generally speaking, reckless or irresponsible decisions or actions performed by a doctor or healthcare center may qualify you to file a medical malpractice claim.
For a free legal consultation with a medical malpractice lawyer serving Brownsburg, call (815) WADE-LAW
Requirements to File a Medical Malpractice Claim
Doctors and other medical professionals are human too, and they make mistakes on occasion. At the same time, there is a specific set of requirements you must meet in order to file a medical malpractice claim against a doctor or healthcare center, including:
Evidence That the Doctor Treated You or Your Loved One
People cannot file medical malpractice claims unless they themselves, or one of their loved ones, actually saw and was treated by the doctor in question. This is easy enough to prove with medical documentation that healthcare professionals are required to keep, and patients are legally able to have access to such documents. Even still, it’s helpful to take notes on your own to keep track of which doctors you saw on which dates, and what happened during each appointment.
Proof That the Doctor or Healthcare Facility Was Irresponsible
After visiting a hospital or seeing a primary care physician, many people feel unhappy with the care they receive. This is not grounds for filing a medical malpractice claim, however, as there must be adequate proof that the doctor acted irresponsibly. Careful documentation in the form of written logs, photos or videos, and witness testimony can provide adequate proof that your doctor created harm that another physician would not have given the same set of circumstances.
Confirmation That Your Injuries Were Caused By Your Doctor’s Actions
Your medical malpractice claim is only viable if you can confirm with evidence that your injuries were the result of decisions or actions your doctor took. In these types of cases, you and your lawyer must prove that your doctor’s actions were the most likely reason why you sustained injuries. Your lawyer may have a medical expert review the case and give their opinion on whether the doctor’s actions caused the injuries.
An Indication That the Injuries You Sustained Caused Legitimate Damages
The final requirement for filing a medical malpractice suit is that you must be able to prove that your injuries led to a specific set of damages. In other words, is there evidence that you were actually harmed by the injuries you sustained? Small bruises, minor bleeding, or inconsequential emotional issues caused by the injuries are unlikely to be enough to collect damages, but more severe forms of suffering can allow you to sue.
Some examples of harm that does qualify patients to sue include:
- Significant physical pain
- Severe mental or emotional difficulties
- Lost wages
- Disability
- Additional medical bills
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How Long Does It Take to Receive Medical Malpractice Compensation?
Medical malpractice can lead to severe injuries and permanent disabilities, which can significantly impact a person’s ability to carry on with normal life and earn an income. This leaves many victims of medical malpractice feeling anxious about how they will keep the lights on and pay their bills as they wait for their case to wrap up, which can sometimes take months or years. Sadly, healthcare facilities and their lawyers often try to take advantage of the victim’s financial struggles by offering low settlements or purposely prolonging the case.
You don’t have to face healthcare facilities and opposing lawyers on your own, and you can get the support you deserve from a qualified and knowledgeable medical malpractice lawyer in Brownsburg. A medical malpractice lawyer can help you assemble evidence, file a claim, negotiate on your behalf, and represent you in court when needed.
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What Is the Statute of Limitations for Filing a Medical Malpractice Claim in Indiana?
Indiana allows victims to file a medical malpractice claim within two years of the date of the malpractice event. This may seem like a long time, but it’s imperative to get in touch with a qualified attorney as soon as possible after your incident. Your Brownsburg medical malpractice lawyer can help ensure that your medical malpractice claim paperwork is filed correctly and on time, so you don’t miss out on a chance to receive the compensation you deserve.
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If You Were Injured By Your Doctor, Contact a Medical Malpractice Attorney in Brownsburg Today
If a doctor or other healthcare provider’s irresponsible actions led to injuries or a death in your family, you may be entitled to receive compensation that can cover medical costs, utility bills, lost wages, and more. At Wade Law, we pride ourselves on providing genuine support and an empathetic ear to our clients, and we want to help you hold the guilty party accountable. For a free case review with a Brownsburg medical malpractice attorney, please visit our website and fill out the contact form.
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