What You Need to Know About Your Medical Malpractice Claim

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.

Medical Malpractice Lawyers 317-881-2700

Medical Malpractice Lawyers 317-881-2700


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:

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.

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.

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.

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.

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

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

Medical Malpractice Attorneys 317-881-2700

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

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

Medical Malpractice Lawyers 317-881-2700

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

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:

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

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.

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.

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.)

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

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 Attorney Indianapolis

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.

The Facts About Physician Liability

Medical Malpractice Lawyers 317-881-2700

Medical Malpractice Lawyers 317-881-2700

When undergoing surgeries or medical treatments, it is possible that something can go wrong. But this doesn’t mean it is automatically the fault of a physician or surgeon, nor does it mean you have a medical malpractice case on your hands. This is especially true for operations and procedures that are explained as very serious, high-risk, or likely to fail. In other cases, when hospital or doctor negligence causes a wrongful death or prolonged debilitation, a medical malpractice suit may be valid.

Patients and their Doctors

As patients, we are often intimidated by our physicians and try to avoid questioning or challenging them at all costs. But this is not always a good thing. It is important to trust your body more than you trust your doctor, and if it is not healing the way you feel it should, it is okay to speak out and ask questions. Ask to see a specialist, or request extra testing or examination. Also, never be afraid or wait too long to get a second opinion. It is important to know what is normal to experience after a certain operation, and what’s not.

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Accident Lawyers 317-881-2700

When patients experience complications after a medical procedure or operation, they often times believe their troubles are simply related to their rehab or healing. But for serious debilitating ailments to exist after surgery or procedures, it may not always be normal. Even if a consent form was signed at the hospital, a physician is still legally mandated to provide a certain standard of care for their patients.

If a doctor fails to do this for his or her patient, they may be guilty of medical malpractice. And if someone dies after being cared for in a hospital, or after a procedure, it is likely a medical malpractice case; unless of course, the procedure was explained to be high-risk and have a small chance of success. In such a case, because it was the patient’s choice to move forward with the procedure, a physician nor hospital would be liable for their death.

Medical malpractice is a complicated case to prove. It requires a skilled and experienced personal injury lawyer to render a full and fair settlement following a botched medical procedure or operation. Personal injury attorneys retain years of litigation and trial experience, and fight fervently for their clients’ rights to compensation. Be sure to choose a practice or lawyer with experience and wonderful client reviews. This can better shine a light on their credentials and accomplishments within their communities.

Indianapolis Medical Malpractice Lawyers

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a medical malpractice claim in Indianapolis, Indiana. Personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience. We offer free initial consultations to assess your case and never collect attorney fees unless we prevail for you! Call 317-881-2700 and speak with a licensed medical malpractice lawyer in Indianapolis, IN today.

Information for Victims of Head Injuries and Brain Trauma

According the Centers for Disease Control and Prevention (CDC), more than one million people become victims of head injuries or brain trauma in the United States each year. Many unfortunate events can lead to a traumatic head or brain injury, but the most common causes include motor vehicle collisions, slip and fall accidents, assault and battery, and workplace accidents. All of these accidents involve some sort of blunt force trauma to the head or skull. Depending on the circumstance, the head can shake or whip, causing the brain to collide with the inner skull, or it can suffer fractures, lesions internal bleeding, and more.

Head Injury Lawyers 317-881-2700

Head Injury Lawyers 317-881-2700

Head and Brain Trauma

Head injuries are extremely serious, and can often lead to a long and difficult medical recovery. The problem with head injuries, however, is that they do not always appear serious at first. Sometimes, a person can suffer a head injury, but not display any indications of brain trauma. In these cases, it is still vital to seek medical care to ensure there is no underlying internal bleeding or brain injury. It is possible to have an accident and suffer head trauma, but not show signs of injury for days or even weeks later. And by that time, it can be too late to treat. One of the most common causes of death as a result of a head injury is a person believing they are fine, when in fact, their brain is seriously injured.

A common head injury phenomenon is called “talk and die” syndrome. This is when a person seems normal after an accident involving head trauma, even speaking and carrying on with their daily routines, but then dies a few days later from internal bleeding in the brain. This is one example of how head injuries can play tricks on people. No matter how minor you think your head injury is, always seek professional medical care afterwards to ensure there is no internal damage.

Common Signs of Brain Trauma Include:

• Unconsciousness
• Vomiting
• Dizziness
• Slurred Speech
• Extreme Fatigue
• Migraines/Headaches
• Mental Confusion
• Extreme Mood Changes
• Dilated Pupils
• Bruising
• Difficulty Walking
• And More

It is possible for brain injuries to get worse with improper medical treatment. For example, it is common for brain injuries to be misdiagnosed or not diagnosed at all. And if the injury goes untreated, a patient can die. If negligent medical care is rendered for a patient suffering from brain trauma, they deserve justice. If you or a loved one recently suffered a head injury that was not properly treated by medical professionals, it is critical to retain the services of an experienced medical malpractice lawyer. They have the knowledge and resources to protect your rights as a victim, or as the family of a victim, and recover compensation for your damages and losses.

Medical Malpractice Law Services

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 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 medical malpractice in Indianapolis, Indiana. Personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek have decades of trial and litigation experience, and can recover the full and fair compensation you and your family deserves after suffering from negligent medical care. We offer free initial consultations and never charge lawyer fees unless we recover compensation for you! Call 317-881-2700 to schedule an appointment today with one of our experienced medical malpractice lawyers in Indianapolis, IN.

Can Anti-Depression Medication Cause Birth Defects?

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm 317-881-2700

Pregnancy is a very delicate time in a woman’s life, and sometimes one of the most challenging as well. This is truer for women who suffer from acute depression, or any related form of depression. Whether diagnosed before pregnancy, or during their term, women who deal with emotional and mental illness are likely to be prescribed an anti-depressant by their family doctors or psychiatrists. But many pregnant women want to know if such medications can cause complications for their unborn children.

Birth Defects and SSRI’s

Although studies have suggested that certain types of anti-depression medication can lead to birth defects, the most commonly talked-about are SSRI’s, or selective serotonin reuptake inhibitors. Because these studies only suggest a link between anti-depressants and birth defects in babies, many pregnant women are still prescribed these medications by physicians and medical facilities. The medical communities do not have conclusive evidence that proves anti-depression meds can cause complications with pregnancy and babies; so they are still recommending these prescriptions for pregnant women. There is, however, one anti-depressant medication that has been proven to cause several heart defects, as well as, a rare lung and heart condition in infants and newborns. Here are the most commonly prescribed SSRI anti-depressants:

• Paxil
• Zoloft
• Lexapro
• Celexa
• Prozac
• Luvox

The heart and lung condition that has been linked to birth defects is called Persistent Pulmonary Hypertension or PPHN. This disease is a very serious condition that requires comprehensive medical treatment and intensive monitoring. An infant’s circulatory system might not be able to supply the needed oxygen to the soft tissue, even with treatment. This can result in brain hemorrhages, shock, heart failure, lung failure, and several other medical emergencies.

Medical Malpractice Attorneys 317-881-2700

Medical Malpractice Attorneys 317-881-2700

So why are doctors prescribing these medications to pregnant women when studies have shown these linkages? Why take the risk of potential birth defects and possible infant death for the sake of one’s depression? The answer is not so simple. It starts with the FDA, or Food and Drug Administration. They do not retain conclusive proof that birth defects or fatalities occur from these drugs; instead, they have only conflicting information about the link between the two.

A 2006 FDA study, focusing on newborns whose mothers took anti-depressant SSRI’s in the second half of their pregnancy, revealed that PPHN was six times more likely in SSRI pregnancies than in pregnancies without SSRI usage. The FDA issued an advisory warning. However, three latter studies proved inconclusive results. As a result, the FDA retracted their 2006 warning derived from the initial study, and directed physicians to continue prescribing the drugs as they have before.

If you or a loved one has recently given birth to a newborn that is experiencing any relative symptoms of PPHN or other medical condition, and the mother was taking an SSRI or other anti-depressant during the second half of their pregnancy, contact an Indianapolis personal injury lawyer to learn your rights. You may be entitled to compensation for the mother and child’s damages. Be sure to trust a licensed and reputable medical malpractice attorney Indianapolis for accurate and effective legal counsel.

Craven, Hoover, and Blazek P.C.

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C.at 317-881-2700 for information about medical malpractice lawsuits in Indianapolis, Indiana. Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned personal injury lawyers with decades of trail and litigation experience. We offer free initial consultations to assess your claim and determine if you or your family is eligible for compensation, and we never collect lawyer fees unless we prevail for you! Call 317-881-2700 and speak with a friendly and experienced medical malpractice lawyer in Indianapolis, IN today.

Learn About Gross Negligence in Civil Injury Cases

Indianapolis Accident Attorneys 317-881-2700

Indianapolis Accident Attorneys 317-881-2700

Simply put: gross negligence, in terms of a civil injury case, suggests that an at-fault party was not just negligent and careless, but also, transparently reckless. Negligence is ignoring a certain standard of care or breaching an appointed duty of care, and as a result, an innocent victim is injured or harmed in some way. Take note that negligence doesn’t imply malicious intent or evilness, but rather, careless.

This concept is generally well-recognized and understood by adults. But when a person’s carelessness is exaggerated to the point of recklessness, it is considered a separate type of negligence called gross negligence. Continue reading to learn more about the meaning of gross negligence and how it is applied to personal injury cases and claims.

Gross Negligence Claims

Recklessness can be colloquially-defined as unreasonable and/or deliberate misconduct of a person. It is an act that upsets or alarms our society’s morals. There are significant, but hidden, differences between standard negligence and gross negligence. For example, if a driver is texting and subsequently rear-ends another vehicle at a stop sign, this is considered standard negligence. Whereas, if a person is speeding in an attempt to race other vehicles on the road, subsequently causing an accident that harms another driver and their passengers, this can be considered gross negligence.

Additional Examples of Gross Negligence:

• Hit and Run Cases
• Assault and/or Battery
• Sex Crimes
• Doctor Amputating/Removing Incorrect Limb or Organ
• Surgeon Leaving Foreign Object Inside Patient (i.e. bandages, thread, etc.)
• Permitting an Underage Driver to Operate a Vehicle
• Unsupervised Infants/Toddlers
• Wrongful Death Cases
• And More

Personal injury, as well as, property damage are common consequences of gross negligent behaviors. Since gross negligence is a blatant disregard for the law, or for personal responsibility to practice due care, it is common for punitive damages to be awarded to victims of such negligence, in addition to compensation for their losses and injuries. Contact a personal injury law firm if you or a loved one was recently injured by the negligent behaviors of another person or entity. You may be entitled to compensation for your losses.

Craven, Hoover, and Blazek P.C.

Personal Injury Law Firm Indiana

Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a personal injury claim in Indianapolis, Indiana. Accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned Indianapolis personal injury lawyers with extensive trial and litigation experience. We offer free initial consultations and never collect attorney fees unless we recover for you. Call 317-881-2700 to schedule a free consultation with a licensed personal injury attorney in Indianapolis, IN today.

Understanding Medical Consents

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Anytime a patient is preparing to undergo a medical procedure, surgery, or treatment, the state will require medical consent. In the case that a hospital or doctor fails to obtain proper medical consent from either the patient or their conservator, a medical malpractice lawsuit might be valid. Most states require written medical consent, however, verbal and informed medical consent are necessary as well.

Whether that be a verbal, “yes, I agree” or a nod of the head, a doctor should obtain all forms of consent before moving forward with treatment or surgery. It is a doctor’s responsibility to provide sufficient information regarding a possible medical procedure or treatment. If a patient is not adequately informed or given incorrect information about a proposed procedure, and injury occurs during treatment, they could have a medical malpractice case.

Defining Consent

Basically, consent is when a doctor explains a medical procedure or treatment, and a patient agrees to have it done. As mentioned, patient consent can be verbal, or an act of consent, like nodding the head; but many states have medical consent laws that require written compliance on record. On the other hand, a written consent is not sufficient enough for most doctors, and an informed consent is sought after as well by medical authorities.

Informed consent is when the doctor or medical authorities fully explain and define the medical treatment or procedure in question. This includes the name and credentials of the doctor performing or supervising the treatment, as well as, the patient’s medical condition, the intent or purpose of the treatment, the potential risks and side effects of the treatment, potential alternatives for treatment, the likelihood of the treatment being successful, the expected recovery time, the associated costs of treatment, and how much of the cost is covered by insurance.

At this time, it is the patient’s right and responsibility to ask all the pertinent questions and concerns they have regarding the medical treatment or procedure. Patients also reserve the right to think things over and discuss their concerns with friends and family.

Once a patient has consented to a certain medical surgery or treatment plan, the doctor cannot go outside that consent unless it is a matter of health during an operation or procedure. In the case that a doctor goes beyond what was originally consented, or performs an additional treatment that was not agreed to, a patient can sue under their state’s medical malpractice statutes.

Medical Malpractice Lawyers

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a medical malpractice claim in Indianapolis, Indiana. Attorney, Daniel Craven, and the team of licensed personal injury lawyers, are eager to answer your questions about a potential personal injury or medical malpractice accident. We offer free initial consultations to discuss your case and we never collect lawyer fees unless we win your settlement.

Medical Malpractice and Surgical Error Lawsuits

Medical Malpractice Lawyers 317-881-2700

Medical Malpractice Lawyers 317-881-2700

Surgery is meant to improve or enhance a patient’s quality of health, life, and well-being. But what happens when a surgery isn’t necessary, and worse, causes injury or suffering to a person? This could possibly be an example of a medical malpractice case depending on the circumstances. It is rare and difficult to prove a medical malpractice case because not all surgeries are guaranteed, protecting doctors and hospitals from becoming targets of malpractice lawsuits.

On the other end of the spectrum, medical malpractice is a real thing and can happen to anyone. A common question about malpractice claims regards the extent of which a surgery was actually needed or necessary. Many patients of “unnecessary surgeries” are wondering if they have a valid claim against their doctors, surgeons, and medical organizations; especially if their surgery caused them extensive pain, suffering, and other damages, or went wrong in some way or another. Continue reading to learn a few brief facts about medical malpractice law and more.

Medical Malpractice Surgery

More than 40 million surgeries are performed each year. With numbers like these, there has to be a fraction of surgeries that have caused patients’ injuries or death. And although millions of operations are undergone year after year, not all of them are actually necessary. In fact, nearly half of all surgeries are not “necessary.” Many are cosmetic, voluntary, requested, and more. And many others are fully disclosed as tentative or trial operations to see if they can improve or enhance a person’s life and health. This is especially true for people with cancer, chronic health conditions, and orthopedic restrictions and complications.

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Accident Lawyers 317-881-2700

Since surgery comes with certain risks, patients take on a certain degree of personal responsibility in opting or agreeing to it. This protects doctors and hospitals from medical malpractice lawsuits so long as they did their part one hundred percent accurate and correct. If a surgery causes complications like blood clotting, damage to organs, hemorrhaging, or other exemplary risks, a lawsuit will not hold up in court. This is because the surgery causes these damages, not the negligence of the doctor, surgeon, or hospital. On the other hand, if a doctor or surgeon uses the wrong instrument, or makes a surgical error, (like removing the right kidney instead of the left), then a patient will most likely have a valid and strong medical malpractice claim.

Malpractice law is very tedious and complicated, which is why it is strongly encouraged to seek professional legal counsel from a licensed and experienced personal injury lawyer. They retain the knowledge and facts to answer all your questions and make you feel comfortable moving forward with a claim. Trust an accident attorney for all aspects of your medical malpractice case.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about medical malpractice in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek can answer all your questions about malpractice lawsuits, surgical errors, personal injury claims, and more. We offer free initial consultations never charge attorney fees unless we prevail for you. Call 317-881-2700 and speak with an Indianapolis personal injury lawyer, today.

Are Bed Rails a Safety Concern for the Elderly?

Nursing Home Neglect Lawyers 317-881-2700

Nursing Home Neglect Lawyers 317-881-2700

When we get to a certain age, our bones and muscles naturally weaken and atrophy. Elderly individuals have trouble navigating their ways into and out of bed each day, and can even have trouble remaining in bed as they sleep or rest. As a practical solution, bed rails were introduced to facilities that housed the elderly, as well as, the general market for private and public commerce. These rails were intended to protect the elderly from having bedside accidents, like falling out of bed as they sleep, or injuring themselves
as they try to step in and out of bed.

But there is a new buzz among nursing homes, hospitals, and homes about the potential dangers of bed rails. Are bed rails more of a hazard for the elderly, or are they perfectly safe and effective? Continue reading to learn more.

Improper Use or Manufacturing of Safety Rails

Defective products are far and few, but they do happen. In the case that bed rails are manufactured with defects, they cannot perform their intended purpose of protection and assistance. This leads to accidents resulting in cuts, scrapes, lesions, sprains, head injuries, orthopedic injuries, and more. Even when bed rails are in perfect condition, the same consequences can result from improper use of safety rails as well. In the case of improper use, a nursing home or hospital can be liable for a senior citizen’s injuries or wrongful death. In the case of a product defect causing injury or death, the manufacturer can be held legally accountable.

Bed Rail Injuries

It is scary to think there are enough bed rail accidents and injuries to have substantial statistics for them, but it’s true. More than 30,000 bed rail-related accidents were confirmed between the years of 2003 and 2011, and more than one hundred people died. And these were the incidents that were actually reported, as many were not. In 1995, the FDA issued safety warnings for bed rails, yet manufacturers were never legally required to provide safety labels on their devices. Since 2006, the FDA has introduced some proposed guidelines for hospitals and nursing homes to use when it comes to bed rail safety awareness.

Nursing Home Neglect Lawyer

If you suspect that an elderly loved one is being neglected or mistreated by their nursing home or residential caregiver, contact a nursing home neglect lawyer right away. You may be entitled to remuneration for your elderly loved ones’ damages or wrongful death. Stop nursing home neglect in its tracks by hiring a reputable attorney to prove your case and recover compensation that’s rightly deserved.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about nursing home neglect claims in Indianapolis, Indiana. Attorney, Daniel Craven, has extensive litigation and trial experience. He is happy to discuss your concerns about nursing home neglect, residential care neglect, and more. Our law firm offers free initial consultations and never collects lawyer fees unless we prevail for you. Call 317-881-2700 for more information about nursing home neglect lawsuits in Indianapolis, IN.