Is a Misdiagnosis Considered Medical Malpractice?

Posted on October 4, 2022 by admin

Medical malpractice lawsuits are incredibly complex legal cases that require the specific and comprehensive knowledge of a seasoned medical malpractice attorney in Indiana. When asking about a correlation between incorrect diagnoses and malpractice, the answer is muddled with varying factors. Determining whether a misdiagnosis is grounds for a medical malpractice lawsuit or not requires expert testimony.

Continue below to learn what you need to know about medical misdiagnoses and medical malpractice laws in Indiana, plus where to get trusted personal injury legal advice near you.

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Medical Misdiagnoses Can Be Seriously Harmful to Patients

A medical misdiagnosis a wrong diagnosis or a delayed diagnosis, both of which can be very dangerous to a patient’s physical and mental health. After being wrongly diagnosed, a patient can endure serious physical and mental harm as a result of incorrect treatments and medications, or delayed treatment. Diagnostic errors are bound to happen, and when they do, there can be very serious consequences.

An article was published a few years back in the popular medical journal, Diagnosis, discussing diagnostic errors and the impact it has on patients and their families. According to the data in the article, out of all medical malpractice claims that arise because of a patient’s death or permanent disability, virtually 34% were due to incorrect or delayed medical misdiagnoses. This 2019 diagnostic error study is especially fascinating because it covered a 10-year period that examined 28.7% of closed medical malpractice cases in the United States. Of these medical malpractice cases, it was found that over 11,500 diagnostic error claims were made by patients, and 75% of them based upon serious and potentially fatal diseases like cancer, vascular events (heart attacks, stroke, etc.), and infections.

Suing for a Medical Misdiagnosis

Doctors generally base their diagnoses on lab results, symptoms, and medical baselines and precedents. Because medical misdiagnoses are not always considered negligence, wrongfully diagnosed patients do not always have grounds for a medical malpractice lawsuit. In order for a patient to sue a hospital, medical facility, or physician for being misdiagnosed, the misdiagnosis must be negligent. In the case that a physician or medical facility took all of the reasonable steps to properly diagnose a patient, they cannot be held legally liable under medical malpractice laws if the diagnosis is incorrect.

To protect yourself from being medically misdiagnosed, be sure to have questions prepared for your physician prior to your doctor’s appointment. Do not be afraid to speak up and seek out information regarding your diagnosis, testing, treatments, and care. Furthermore, it is important to be an active member of your treatment plan by being honest with your doctor and providing them with all medical records.

Do you believe that you or a loved one is a victim of medical malpractice due to a diagnostic error? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced medical malpractice lawyer in Indianapolis, Indiana. Our personal injury attorneys represent clients throughout the state. We can hold consults over the phone or online via video conference.

Do I Have a Valid Medical Malpractice Claim?

Posted on August 2, 2022 by admin

Medical malpractice claims are among the most complex cases in the civil litigation field. As a suspected victim of medical negligence, it is important to educate yourself on your rights as a wrongly fully injured victim, and to determine the strength of your case. These facts include the true definition of medical malpractice, the medical standard of care, proving negligence, hiring an attorney, and more.

Continue reading to learn what you want to know about medical malpractice claims and lawsuits, including how to get started on your case for free.

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Brief Explanation of Medical Malpractice

If a health care professional or facility is negligent and makes a mistake when treating a patient, the degree of how that error affects the patient will determine whether or not it could be considered medical malpractice. There are specific elements that must be in place in order for a medical error to be lawfully seen as malpractice. Not only do these elements need to exist, but the plaintiff must also be able to present sufficient evidence that proves these elements.

Here are the 4 primary elements that must be in place for a medical malpractice claim to have a chance at success:

➀ The presence of a doctor-patient relationship;

➁ The delivery of treatment that failed to meet the medical standard of care;

➂ A relation between the negligent medical treatment and the injury incurred by the patient;

➃ Economic damages and losses sustained as a result of the injury incurred by the patient.

Proving the standard of care is one of the more complicated aspects of a medical malpractice lawsuit. Not only must the standard of care unique to the patient’s medical needs be proven in specific detail, it must also be shown in detail how the medical standard of care was breached by the defendant (medical care professional or facility). Overall, the proper standard of care is generally seen as the same care that any practical, similarly trained health care professional in the same medical community as the defendant would provide.

Hire a Personal Injury Attorney to Recover a Full Settlement

Because the legalese and burden of proof of medical malpractice claims are so stringent and complex, it is vital to hire a reputable personal injury attorney who can protect your rights to compensation. You will be faced with several losses and damages, such as medical expenses, hospital bills, lost wages, inability to work and more.

To cover these losses, you are owed full and fair compensation if your malpractice case is valid. An experienced Indianapolis medical malpractice lawyer can navigate your claim, ensuring that all investigations, witness testimonies, documentation, medical records, and much more, are all in place to argue your case. Just be sure to choose a personal injury law firm in Indiana with a strong reputation for success.

Choose the Law Firm of Craven, Hoover, and Blazek P.C. for expert personal injury representation for medical malpractice claims in Indianapolis, Indiana. Contact us at 317-881-2700 to schedule a free initial consultation with a seasoned accident attorney who can provide all the information you need to move forward from your injury. We represent injured victims throughout Indiana, including Indiana residents injured or killed in other states.

Injured from a Defective Surgically-Implanted Medical Device?

Posted on August 3, 2021 by admin

What You Need to Know if You Were Injured By a Defective Implant

Many patients are recipients of surgically implanted medical devices, such as hernia meshes, IVC filters, and artificial joints. But when these devices are defective and cause serious injuries to the patient, who is responsible for the damages? It is often assumed that a defective implant injury is a medical malpractice case, but really, it is usually more likely a product liability case.

Continue reading to learn the difference between product liability and medical malpractice liability, as well as the most common types of implant defects that can cause serious injuries to patients.

Product Liability Lawyers Indianapolis IN 317-881-2700 — Defective Product Lawyers Indianapolis IN 317-881-2700

Product Liability and Medical Malpractice

When a surgically implanted medical device is inserted in a patient, so long as their medical teams and doctors were not negligent in the process, they are not liable for any defects that occur within or from the device. In such a case, it is most likely the manufacturer’s fault. If the health care provider was negligent or careless in some way, and their negligence was a responsible cause of a patient’s injuries, they too could bear responsibility for their negligence.

So long as the health care provider acted reasonably and in line with the medical standard of care, they would not be responsible for a defective medical implant.

If the medical device is defective or dangerous, and the patient is harmed as a result, the manufacturer would be liable, and a product liability case could be pursued.

Medical Implant Defects and Liability

There are several different types of liability when it comes to defective products and their manufacturers. As for surgically implanted medical devices that are dangerous and defective, there are 3 types of liability: design defects, manufacturing defects, and marketing defects.

► Design Defects – When a medical device is manufactured correctly, but the design of the device is intrinsically dangerous, it is considered a design defect. In the case of surgically implanted devices, design defects are not a common occurrence. Most often, medical devices are not accused of design defects but it can and does happen.

► Manufacturer Defects – When a medical device is designed properly, but the manufacturer does not adhere to the specifications of the design and/or manufacturers it incorrectly, it is deemed a manufacturing defect. In these cases, the incorrect manufacturing prevents the device to work as intended, thus causing serious harm to recipients of the device.

► Marketing Defects – A marketing defect can occur when a medical device’s instructions or advertising campaigns are incorrect, thus posing dangers to patients. For instance, if a medical device manufacturer fails to warn recipients about possible side effects or any concealed dangers that can result from using the device, this could be deemed a marketing defect.

Do you believe you or someone you love is a wrongful victim of a defective product? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your eligibility for pursuing a product liability claim in Indianapolis, today. We represent clients all throughout the state of Indiana.

You Might Also Read:

Who is Responsible for a Defective Product that Causes Injury to a Consumer?
Product Recalls that Have Gone Down in History
Is Market Share Liability Still Used in Product Liability Cases?

Indianapolis Personal Injury Lawyers 317-881-2700 — Schedule a Free Consultation!

What To Do if You Suspect Nursing Home Abuse or Neglect

Posted on October 25, 2019 by admin

When you suspect misconduct or abuse in your loved one’s care facility, it is important to take action fast before any more harm can be done. But many people are insure how to investigate or report nursing home abuse to the proper authorities.

If you are concerned that a loved one is being mistreated or neglected at their live-in care facility, continue reading to learn how to spot the signs, where to report your concerns, and what legal options you might have for recovering compensation for your and your loved one’s damages and losses.

Indianapolis Nursing Home Neglect Lawyers 317-881-2700

Nursing Home Abuse

Nursing home and live-in care facility abuse can come in many forms and in various environments. However, virtually all forms of nursing home abuse fall into one or more of four primary categories: financial abuse, physical abuse, emotional abuse, and financial exploitation. Within these primary categories lies a long list of possible misconducts and neglectful actions.

Most often, neglect plays a major role in all these situations; and although it can also come in many forms, neglect is basically a failure to provide adequate food, shelter, clothing, hygiene, and/or health care for a resident. It is also important to note that such situations of live-in care facility neglect can happen to non-elderly individuals, such as those with mental and physical handicaps and special needs.

Nursing Home Abuse Statistics

According to a study conducted and documented by the National Center on Elder Abuse (NCEA) in 2000, of all the nursing home residents surveyed, 44% claimed they had experienced some form of abuse or maltreatment within the past 12 months. In the same study, more than 95% of the residents interviewed stated they have witnessed some form of neglect or suffered neglect themselves within the past year. Even more troubling, the National Center on Elder Abuse also reported that 1 out of 24 cases of nursing home neglect and abuse are actually reported.

Signs of Nursing Home Mistreatment

There are numerous signs to look out for if you suspect that a resident is being mistreated or neglected in some way at their live-in care facility. Signs of physical or sexual abuse are easier to identify, as they often come in the form of bruises, wounds, broken bones, depression, fear, anxiety, social withdrawal, and even unexplained sexually transmitted diseases. Mental and emotional abuse are a bit more challenging to spot unless you take a closer look. Signs of emotional abuse can reveal itself in the form of fear, anxiety, depression, mood swings, lack of energy, withdrawal from social circles, and similar uncharacteristic changes in behavior.

Signs of financial abuse and exploitation can also come in many forms. If a care giver withholds affordable amenities and comforts in their dwelling, or has control over one’s finances but fails to provide for their ward, it is a form of abuse. Other signs a victim might show include uncharacteristically excessive gift-giving, financial payouts for companionship, signing over power of attorney or will without understanding the transaction, and similar actions.

Basic neglect entails conditions and actions such as:

Failure to provide…

► Basic hygiene or appropriate clothing;
► Appropriate clothing;
► Nutritional food;
► Medical aids (i.e. Glasses, cane, walker, dentures, hearing aid, or medications);
► Clean and safe dwelling;
► Adequate facilities (i.e. kitchen appliances, HVAC, plumbing, electricity)

Actions such as….

► Leaving a resident with dementia unsupervised;
► Confining a resident in bed without care;
► Not treating bed sores or pressure ulcers;

How to Report Nursing Home Abuse

If you feel that your loved one’s situation or condition is an emergency, contact 911 right away.

If you strongly suspect that your loved one is not being adequately cared for in their nursing home or live-in care facility, your first priority is to get in touch with a professional who can represent your family’s best interests. You can choose to contact Adult Protective Services (APS), or visit the National Council on Child Abuse and Family Violence website for a list of elder abuse reporting hotlines in Indiana. You also have the option of using the U.S. Administration on Aging Eldercare Locator, which can connect you to services for elder care and more.

Once you know your loved one is safe, contact a nursing home abuse lawyer for information on your rights to recovering compensation for your damages and losses, such as medical bills, hospital expenses, lost wages, prolonged therapy, restitution, and more.

Indiana Elder Abuse Lawyers You Can Trust

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed Indiana nursing home neglect lawyer about your loved one’s live-in care facility conditions and experiences. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are well-versed and experienced in elder abuse law. We offer free initial consultations to discuss your case and determine if you are entitled to remuneration for your family’s damages. Also, we never collect lawyer fees unless we prevail for you!

Personal Injury Accidents That May Also Have Criminal Penalties

Posted on July 8, 2019 by admin

Criminal law involves crimes prosecuted by the state or federal government, rather than a private party or person. Criminal violations, like felonies and misdemeanors, are subjected to state and federal punishment; therefore, guilty individuals face jail time, probation, governmental fines, and in extreme cases, the capital punishment.

In contrast to criminal law, civil law is the area of the American legal system that manages disputes or wrong-doings between private parties and prosecuted by private parties most usually. A common example of such cases involve personal injuries. If someone is wrongfully injured by another person demonstrating negligence or malicious intent, they can ask the court or jury to decide who is at-fault and if the negligent party should pay remuneration to the injured person.

When it comes to tort law, or personal injury law, some accidents can render both civil and criminal consequences for the at-fault party. Continue reading to learn some examples of when an individual may also face state or federal charges for carelessly causing an accident that results in someone’s injury or harm.

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Civil and Criminal Lawsuits

Although murder is a crime against a person, the crime itself goes against state and federal law, therefore making it a criminal case, in addition to a civil one. These cases usually go to a jury trial where defendants are prosecuted by the state. In criminal litigation, defendants are allowed to appoint their own attorney, or have one appointed to them by the state if they cannot afford to pay for one themselves. In the case of murder or homicide, the family of the victim may be able to pursue a wrongful death claim in civil court, and collect compensation for their loss, whether a child, spouse, or relative.

Additional Examples:

Car Accidents – If a person is driving recklessly or illegally, such as underage or intoxicated, and they seriously injure or kill another person as a result, the victim or their family can seek compensation for their losses and damages in civil court. Furthermore, the state may choose to press charges against the driver for criminal offenses, including operate a vehicle under the influence and causing bodily injury.

Negligent Supervision – If someone is guilty of negligent supervision, they may face both civil and criminal penalties if their actions are deemed criminal, such as in the case of child abuse, child negligence, manslaughter, nursing home abuse, and more.

Sexual Harassment at Work – If a person is being sexually harassed at work, they may be able to pursue a claim if the situation was ignored or not properly addressed by management. Furthermore, the wrongful party could face criminal penalties if the sexual harassment was criminal in nature, such as rape, sexual misconduct, voyeurism, and more.

Medical Malpractice – If a doctor or clinic negligently causes injury or death to a patient, they could be sued in civil court by the victim or their family, as well as, be charged criminally if their offense was intentional, egregious, or falls under manslaughter.

The circumstances among each case of personal injury victims vary greatly, especially when it comes to penalizing an at-fault party criminally. Always discuss your questions and concerns with a seasoned Indiana personal injury lawyer you can trust. They will be able to provide the best advice on which course of action you and your family should take after suffering the consequences of a serious injury.

Indiana Personal Injury Attorneys

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700, and located in Indianapolis, Indiana, if you or a loved one was recently hurt in a serious accident in Indiana. Our personal injury attorneys offer free initial consultations to sit down and assess your case. If we feel that you are entitled to compensation for your injuries, we begin working on your case immediately, without charging a dime. If we do not prevail for you, you will not owe our law firm any payment. We are the strong voice and immediate action you need for your personal injury lawsuit.

Frequently Asked Questions About Medical Malpractice Claims

Posted on March 13, 2019 by admin

Medical malpractice claims are one of the most complex. Before you begin the process of pursuing a medical malpractice claim, it is important to obtain a general understanding of the Indiana state laws surrounding medical malpractice, liability, and related content. The best place to start is by contacting an experienced Indiana personal injury law firm that can provide trusted legal counseling for your unique medical malpractice case.

In the intervening time, continue reading to review some frequently asked questions and answers about medical malpractice claims.

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🏥 Do I Have a Medical Malpractice Case?

This is by far one of the most common questions asked by those who feel victimized by a hospital or medical community. As mentioned, medical malpractice cases are highly complex, and furthermore, differ in great detail among victims. In order to understand the strength of your case, you will need to consult with a licensed medical malpractice attorney who can provide a professional case evaluation. Most law firms do not charge a fee for initial consultations.

🏥 How Long Does a Medical Malpractice Case Take?

The complexity of medical malpractice claims, combined with the infinite details and circumstances of each individual case, make it difficult to predict an exact time line. On average, most claims are settled or resolved with 6 months to a year; however, they can also take several years or more depending on the opposing parties and various other factors.

🏥 How Much Does a Medical Malpractice Attorney Charge?

There are several different types of fee arrangements and rates attorneys charge for their services. Some law firms will use just one type of billing method, while another might use multiple in combination. Most personal injury law firms use a contingency-fee business model. A contingent payment arrangement works by not charging clients any retainers or upfront lawyer fees, but later collecting a percentage of the settlement recover for them. Personal injury claims are complex and vary from case to case, so the percentage collected upon judgment will vary among lawsuits.

🏥 What is the Indiana Statute of Limitations for Medical Malpractice Claims?

In Indiana, a victim has two years from the date the healthcare provider committed an act of negligence that led to injuries to a patient. Statute of limitations for medical malpractice claims do not start when the malpractice is discovered, but in some rare cases, it can. Talk to your personal injury attorney for details regarding when you can make a medical malpractice claim.

🏥 Is Nursing Home Abuse Medical Malpractice?

Nursing home abuse cases are separate from medical malpractice cases, except in the case that the resident was receiving medical care in addition to standard nursing home care. See our blog, “FAQS Regarding Nursing Home Abuse and Neglect” to learn some information about such cases.

🏥 How Do I Win My Medical Malpractice Case?

There are numerous factors that contribute to the success or failure of a medical malpractice case. Such factors include the experience and proficiency of your legal team, the extent of your injuries and damages, and the strength of evidence you have against the opposing parties that proves their negligence. The stronger the evidence of negligence, the stronger the chances of winning a settlement. Your first step to getting off on the right track with making a medical malpractice claim is to contact a seasoned and reputable Indianapolis medical malpractice lawyer who you can trust for professional legal guidance.

Indianapolis Medical Malpractice Lawyers

If you believe you or your loved one is a victim of medical malpractice in Indiana, contact the Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation. Our Indianapolis medical malpractice lawyers are ready, willing and able to help you recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Schedule your free consultation, today.

Can Hospitals Vaccinate Babies Without Permission?

Posted on February 5, 2018 by admin

Medical Malpractice Lawyers 317-881-2700

If a hospital provides needed vaccinations on a newborn without parental consent, can they be sued or held accountable under law? This is a common questions among mothers and parents all across the country. It is important to know that most newborns, at the time of birth, are customarily administered a Hepatitis B vaccination, a vitamin K injection, and ointment application on the eyes. However, these routine procedures can be turned down by parents before the birth of a child.

For this kind of refusal to take place, parents must sign all necessary waivers and submit them to the hosting hospital before giving birth. Although it does not always happen, medical academies continue to encourage hospitals to ask for immunization permission from the parents.

Birth Plans and Immunizations

To avoid having your child administered vaccinations that you don’t want, it is important to set this up ahead of time in your birth plan. It is best to collect all the necessary data and documents needed to waive immunizations and vitamin injections at the time of your delivery date. These documents should be handed into the appropriate hospital departments in the time-frame suggested. This also applies to parents planning a home-birth. Making multiple copies of any signed documents and keeping them on your person is also helpful and recommended.

Since it can sometimes be an issue for seasoned doctor to change their routine course of action following a delivery, it is important to thoroughly discuss these plans and waivers with your obstetrician and their teams of nurses. Also, present the waivers to the doctors and nurses right after you are emitted to double-check that everyone is on the same page. You can also request for your baby to stay in the room with you at all times. And be sure to watch them carefully once your baby is born. Sometimes medical professionals forget. When or if this happens, you may have a legal claim on your hands.

If waived treatments are administered to a newborn, there could be legal repercussions and penalties for the hospital. If this happens to you, contact one of our seasoned Indianapolis medical malpractice lawyers as soon as possible to set up a consultation and learn your rights.

Indianapolis Medical Malpractice Lawyers

Personal Injury Law Firm
317-881-2700

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 if you believe you or a loved one has been a victim of medical malpractice in Indianapolis, Indiana. Our seasoned personal injury lawyers are happy to answer your questions about medical malpractice claims, lawsuits, and more. Initial consultations are free of charge, and we never collect lawyer fees unless they recover for you. Call 317-881-2700 to schedule a free consultation, today.

What You Need to Know About Your Medical Malpractice Claim

Posted on January 30, 2018 by admin

Facing a medical malpractice lawsuit is a complex time in a person’s life. If you are one of these people, it is wise to absorb as much knowledge as you can in order to strengthen your chances of recovering full and fair compensation. Continue reading to learn 5 critical points about your medical malpractice claim, as well as, who to turn to for compassionate and comprehensive personal injury representation.

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Medical malpractice claims are a way for victims and their families to move forward on a path toward justice and recovery. However, not everyone will have success filing a malpractice claim. It is important to learn whether or not your medical malpractice claim is valid. A personal injury lawyer who specializes in such cases can help you determine your eligibility for lawfully recovering compensation for your damages and losses resulting from negligent medical care.

5 Key Points Regarding Malpractice Case:

❶ There is a strict statute of limitations. Most states only allot a limited amount of time to file a medical malpractice claim. If too much time has passed since the date of the incident, you could lose your opportunity to pursue a case against a negligent medical provider. To avoid this, be sure to consult a personal injury lawyer directly after your injuries.

❷ Signs of malpractice are not always apparent right away. After receiving negligent medical care, a patient may not experience any health implications for quite some time. It may take days, weeks, or even months before problems ensue. This often occurs in the case of a misdiagnosis.

❸ The elements of true medical malpractice are strict and complex. Simply being dissatisfied with a doctor’s care is not grounds for such a claim. You must have endured harm as a result of a medical professional’s actions or inactions that fell below the accepted standard of care in that medical community.

❹ Quick settlements are not common in such cases. Medical malpractice cases are extremely serious and complex; they involve expert panels, witness testimonies, industry boards, and more. This means they take a long time to investigate and adjudicate. Do not expect a speedy settlement for your malpractice claim.

❺ A medical malpractice lawyer works on contingency. When you are using a personal injury lawyer to represent your claim, you will not have to pay any lawyer fees upfront because they operate on a contingency-fee basis. This means their fee is “contingent” upon a successful settlement of your case.

Indianapolis Medical Malpractice Lawyers

Personal Injury Law Firm
317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you believe you or a loved one is a victim of negligent medical care in Indianapolis, Indiana. Our seasoned personal injury lawyers are well-versed in medical malpractice cases, and have the resources and skills to recover the full and fair compensation you and your family deserves. We offer free initial consultations and never charge lawyer fees unless we prevail for you! Schedule your free consultation, today.

Common Hospital Infections That May Be Grounds for a Lawsuit

Posted on April 4, 2017 by admin

Medical Malpractice Attorneys 317-881-2700

When a patient becomes a victim of a serious infection that stems from medical malpractice, there could be grounds for a personal injury lawsuit. However, establishing liability for such a claim is challenging, so be sure to discuss your potential claim with an experienced personal injury lawyer. There are many types of medical malpractice claims, but when it comes to infections, there are three that top the charts in terms of frequency.

Continue reading to learn which hospital infections are the most common, and who to call for questions about medical malpractice claims in Indiana.

3 Common Hospital Infections:

Surgical Infections – Surgical site infections are probably the most common infection cases in the medical malpractice area of law. These are infections that develop at or near the surgery incision site as a result of improper pre or post-surgery care.

Respiratory Infections – Although hospital-grade air is well-filtered, patients may still be exposed to airborne viruses and infections. This is among the most challenging infection cases to prove. Visitation and routine appointments may not have a strong case, but admitted patients might.

Internal and External Device Infections – Any surgically-inserted device can develop an infection if not done properly, including catheters, defibrillators, ventilators, drain sacs, feeding tubes, cochlear implants, pacemakers, stents, and more.

Hospital Infection Claims

Infections usually occur as a result of negligence, either by patient or medical personnel. When proper medical procedures are not adhered to, infections can develop that would otherwise be preventable. If an infection occurs in patient because a doctor, nurse, or other medical personnel did not take the proper precautions to ensure such infection wouldn’t develop, a victim could have a valid hospital infection lawsuit so long as they could prove their case. Hospital infection cases are treated just as any other type of medical malpractice case. The plaintiff party would hold the burden of proving that the infection occurred at the hospital as a result of a particular negligence.

Indianapolis Medical Malpractice Attorney

Personal Injury Lawyers 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about how to file a medical malpractice claim in Indianapolis, Indiana. Our seasoned personal injury lawyers have extensive trial and litigation experience representing medical malpractice victims. We offer free initial consultations and never collect lawyer fees unless we win your settlement. Call 317-881-2700 to schedule your free consultation with an Indianapolis medical malpractice attorney you can trust.

The 6 Elements of a Prescription Medication Malpractice Lawsuit

Posted on February 14, 2017 by admin

Medical Malpractice Lawyers 317-881-2700

If you’ve ever been prescribed medication, you are likely familiar with the fact the most come with side effects. What you may not know is that these side effects must be properly disclosed, considered, and administered by a doctor and pharmacy, otherwise, it could be basis for a medical malpractice lawsuit in the case that a patient suffers serious injury as a result of taking the medication.

Medical malpractice lawsuits are among the most complex and the most serious personal injury cases, and they vary greatly from case to case. But overall, there are 6 elements that must be true to the case in order to have grounds to sue for medical malpractice. Continue reading to learn the legal duties of physicians who prescribe medicines, as well as, the 6 elements of a prescription medication malpractice lawsuit.

Side Effects

Side effects are symptoms that occur unrelated to the original condition as a result of taking a certain prescribed medication. There are several types of side effects, ranging from minor to serious. Minor side effects may include nausea, fatigue, temporary rash, irritability, and dry eyes. But depending on the type of medication, there are also several types of serious side effects, like organ damage, organ failure, depression, suicidal thoughts, and more.

Doctor’s Duty of Care

When it comes to prescribing medicine, pharmaceutical companies, doctors, and pharmacists have a responsibility to implement the prescription medication process properly to prevent harm or death to the patients taking them. In fact, there are 3 specific assessments they must make when making prescribing medication, including:

☤ The risks and advantages of taking the medication in relation to a patient’s overall health;

☤ The effects of taking the medication in combination with all other medications a patient is taking;

☤ The known side effects of the medication in question.

On top of the above assessments, Doctors must be sure to properly fill out a prescription, while nurses must properly administer the correct dosages if patients are receiving an injection in the doctor’s office. As for pharmacists, they have the legal responsibility to read the written prescription correctly and fill it with the accurate amounts and dosages using the proper protocol.

Prescription Medication Malpractice

Medical Malpractice Lawyers 317-881-2700

When a medical professional fails to abide by the above-mentioned protocols and responsibilities, a patient could have legal grounds to sue for medical malpractice if certain elements of their situation are true. If the victim and their legal team can prove that these elements exist, they could win their lawsuit and be awarded compensation to cover their losses and damages. These 6 elements include:

① It must be proven that the patient took the medication strictly according to the directions they were given by either the doctor or pharmacist.

② If a patients injuries stemmed from a “failure to warn”, they must prove that the medical professional did not use proper protocol to inform them of the side effects of using the prescribed medication.

③ If a patients injuries stemmed from an “improper dispersal”, they must prove that the pharmacist made an error by dispensing the incorrect medication or improper dosage.

④ If a patients injuries stemmed from an “incorrect administration”, they must prove that the medical professional improperly administered the medication, such as improper injection or administering the wrong medication or dosage. (This would be grounds to sue the hospital, not the medical professional.)

⑤ A patient will need expert testimony to prove the connection between the medical error and their resulting injuries.

⑥ A patient must prove that the medical error was the direct cause of their injuries and losses compensable under law.

Indianapolis Medical Malpractice Lawyers

Personal Injury Attorneys 317-881-2700

If you believe you are a victim of a medical error, contact Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your personal injury claim. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to speak with our seasoned Indianapolis medical malpractice lawyers, today.