When you find yourself in need of medical assistance, you are dependent on your doctors, nurses, therapists, hospitals, and the medical community to help you. When the actions of these medical care providers fall below the appropriate standard of care, you need Wade Law to fight for your rights.
An Indianapolis medical malpractice attorney at Wade Law can help determine the compensation you are entitled to after your medical care provider was negligent.
Common Causes of Medical Malpractice in Indianapolis that You Can Sue For
Medical malpractice doesn’t have to be a deliberate act, though that can happen. Instead, it’s usually the result of negligence. Common causes of negligence in these cases include:
- Misdiagnosis/Delayed Diagnosis – This is the most common kind of malpractice. Without a proper and timely diagnosis, you cannot know which health steps to take to treat your illness.
- Failure to Treat – If a doctor or another medical professional’s failure to treat an illness, disease, or condition was a result of conduct that did not meet the applicable standard of care and you suffered as a result, you may be entitled to compensation.
- Prescription Drug Errors – A doctor or pharmacist could give you the wrong drug, the wrong dosage, or neglect to warn you of serious side effects or drug interactions.
- Surgical or Procedural Errors – While surgery inherently comes with risk, if your injury was caused by negligence, you may be able to sue for medical malpractice.
- Childbirth Injuries – More medical malpractice claims are against OBGYNs than any other specialty, around 20%. Birth injuries to the mother or the child can be part of a medical malpractice lawsuit.
For a free legal consultation with a medical malpractice lawyer serving Indianapolis, call (815) WADE-LAW
Do I Have a Medical Malpractice Claim?
Medical malpractice laws are designed to protect doctors and hospitals. Proving medical malpractice is a difficult multi-step process. To succeed, a medical malpractice attorney in Indianapolis must prove:
- There was a doctor/patient relationship.
- The healthcare provider owed you a duty of care.
- The healthcare provider violated that duty of care.
- This violation led to your injuries.
- You sustained damages from this violation.
In Indiana, the statute of limitations for medical malpractice claims dictates that no claim may be brought unless filed within two years from the date of the alleged malpractice, except that a minor under the age of six has until his/her eighth birthday. Some exceptions exist.
Indianapolis Medical Malpractice Lawyer Near Me 815-923-3529
The Duty of Care in Medical Malpractice Cases
Medicine is an art and a science. There are no guaranteed results. No doctor is perfect, which is why nearly every doctor out there will carry malpractice insurance.
However, there are standards of practice and a duty of care toward patients to keep a license. If violating these standards causes injury, we can make a claim under the rules above. In some cases, prevailing in court in a medical malpractice case can serve as evidence for removing a doctor’s license to practice.
Indianapolis medical malpractice attorneys must look deeply at the facts and get expert help to determine if you have a case. Like other personal injury cases, a settlement is also a possibility. Your medical malpractice lawyer can tell you whether an offer is adequate for your injuries.
Malpractice Claim Caps
Indiana has set a maximum on the amount of money you can get from a malpractice claim. As of July 2019, that limit is $1.8 million dollars. The insurer or healthcare provider will be charged up to $500,000 and the rest will come from Indiana’s Patient’s Compensation Fund.
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If You Have Been Injured and Want to Get Paid, Call Joe Wade
For a free and confidential consultation about your medical malpractice claim, contact our office in Carmel. We proudly serve clients throughout Indiana. Call or send us an email to set up a time.
We also encourage you to get checked out by a different doctor if you believe you were hurt by your current medical practitioner. Their analysis can help us decide if you have a case or not. Bring your medical records if you can. Your consultation is confidential.