Tactics Used By Insurance Companies To Try To Lower Bodily Injury Settlements

Posted on February 11, 2020 by admin

When it comes to bodily injury settlements, the insurance industry wants to payout the lowest amount possible; and the tactics they use are exceedingly unfair and misleading. If you are involved in an accident claim, be sure you do not fall victim to insurance company tricks to settle low.

Continue reading to learn what you need to know about insurance settlement offers, including how to obtain the full and fair compensation you deserve.

Personal Injury Attorney Law Firm 317-881-2700

Quick Calling

The most common and corrupt practice used by insurance companies to settle as low as possible is to contact a victim directly after their accident; usually within just a few days. Why is this unfair? Well, there is no way of telling just how extensive a victim’s damages are until they have reached maximum medical improvement (MMI). Until then, the damages can continue to add up. So, if a victim accepts a low offer upfront, before they have finished recovering, they risk making mere pennies compared to what their case is actually worth. An injury case should never be settled until a the injured person is completely healed and feels like they did before the injury or a doctor tells the injured party that they have reached MMI, which simply means the injured party has obtained as much improvement as they are going to with medical care.

Misdirection

Settling an accident claim out of court can be a complex process, and insurance companies sometimes use this to their advantage by confusing, intimidating, and manipulating claimants, in hopes that a victim will quickly accept their quick low-ball offer. For these reasons and more, hiring a personal injury lawyer to represent your accident claim and manage all insurance company negotiations is vital to your final settlement being complete. Without an accomplished legal team on the case, a victim has no way of knowing how to divert and dodge confusing insurance company tactics.

False Urgency

Although claimants have a generous amount of time to file a lawsuit, referred to as statute of limitations, insurance companies will operate as if time is running out and the claim must be settled as soon as possible. They will often urge victims to decide quickly, even implying that the offer won’t be on the table for much longer. The reality is, victims of general negligence have 2 years from the date of the accident, depending on whether or not the at-fault party is a governmental entity or not. All injured persons should consult with an attorney soon after their injuries occur.

No Attorney

Insurance companies do not want you to hire or even talk to an attorney. Insurance companies have their own attorneys on staff to assist their adjusters from day one in defending an injured party’s claim from the at-fault party’s perspective. Shouldn’t you have your own experienced trial attorney looking out for your best interests as well from day one? Absolutely.

Who to Trust for Expert Indiana Accident Claim Advice

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your recent personal injury accident claim in Indianapolis, Indiana. We represent the seriously injured and surviving loved ones in wrongful death cases throughout Indiana. Our experienced injury lawyers know exactly how to spot and navigate around insurance company negotiation tactics, and will recover the full and fair compensation you deserve using our adept legal knowledge and resources. We offer free initial consultations and work on contingency-fee basis, which means you pay nothing unless we recover a settlement for you. Get started by scheduling your consultation, today.

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

The First Questions You Should Ask About Your Personal Injury

Posted on May 28, 2019 by admin

Becoming a victim of a personal injury that resulted at no fault of your own is not an obstacle you planned on facing in life. However, now that you are on this journey, the most important factors are your health and well-being. Aside from medical treatment, it is important to also protect your legal rights, especially to compensation for your damages and losses. So as you turn the corner from medical care to legal action, be sure you are asking the right questions about your personal injury case.

Continue reading for some helpful tips, including who to call for professional legal advice regarding your potential claim.

Personal Injury Attorney Law Firm Indiana — Indianapolis Personal Injury Lawyers 317-881-2700

Do I Have a Case?

The first and foremost question you should be asking yourself, and then a qualified lawyer, is the question of validity. Are there grounds for compensation? Did the at-fault party have a duty of care and breached it, resulting in your injuries? Consult with a licensed Indianapolis personal injury lawyer who offers free consultations, and use that time to discuss the strength of your case.

How Long Do I Have to Make a Claim?

There are set statute of limitations for every type of legal action. In tort law, personal injury claims are brought forth in civil court, which generally has shorter statute of limitations compared to criminal courts. For personal injuries, the amount of time depends on the type of injury, however, most claims retain an average statute of limitations of 2 years or less. Refer to Title 34, Article 11, Chapter 2 of the Indiana Code book for details regarding civil statute of limitations in our state.

How Long Will My Case Take?

There are countless factors that contribute to the amount of time it takes to settle a personal injury claim, which means it is virtually impossible to predict a timeline since they vary greatly from case to case. Sometimes cases are clear-cut, while others require ongoing litigation, and as a result, more time. Standard cases can take anywhere from 6 months to 1 year, while more complex cases can take double, or triple that amount of time. In some cases, no settlement is ever reached.

Will I Have to Go to Trial?

There are various factors that influence the outcome of a settlement. Whether a claim is settled out of court or goes to trial depends on many details of a particular case. For most plaintiffs, a personal injury lawyer assists with this part of the process. They are prepared to go to court for their clients, but do everything in their power to avoid it and settle out of court instead. In most cases, personal injury claims are settled out of court.

How Much is My Case Worth?

The amount of compensation you will likely collect largely depends on your total damages and losses, including lost wages, hospital bills, medical expenses, pain, suffering, and more. In order to truly know how much your case is worth, you must consult with a licensed and experienced personal injury attorney.

Indiana Personal Injury Lawyers

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed personal injury lawyer in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek can help you recover the compensation you deserve after being injured in an accident. We offer free initial consultations and never collect lawyer fees unless we prevail for you! Call 317-881-2700 to schedule your consultation, today.

Two Factors That Must Be Established to Win a Wrongful Death Lawsuit

Posted on December 21, 2018 by admin

A wrongful death is when a person loses their life as a result of an accident that was no fault of their own. Some of the most common wrongful death accidents include drunk driving collisions, pedestrian hit and runs, construction site falls, trucking collisions and medical malpractice. Wrongful death lawsuits are quite complex, just like any other personal injury case. A key stipulation, however, is that a plaintiff party must be able to prove two very specific facts in order to successfully win their lawsuit.

If you have recently lost a loved one to a negligent accident, it is vital to contact a licensed personal injury law firm that specializes in wrongful death cases for the best chance at recovering the full and fair compensation you and your family deserves. In the meantime, it is wise to learn as much as you can about wrongful death claims and what you can expect from the legal process. Start by learning the two factors that must be proved in court to win a wrongful death lawsuit.

Wrongful Death Claims

After a person dies from an accident that was caused by someone else’s negligence, it is usually the representative of the victim’s estate who reaches out to a law firm to make a wrongful death claim on behalf of the victim’s surviving family. This can be a wife, husband, mother, father, sister, brother, legal guardian, or other close family member. The suit is made against the wrongdoer, company or person who is responsible for the accident. This could be an individual person, a group of people, an organization, an employer, a company, a corporation, or other type of entity.

Proving Negligence

In a negligence lawsuit, the plaintiff party carries the burden of proving their case. In order to do so, they must provide evidence to establish that the opposing party had a duty of care, breached that duty of care, and as a result, caused an accident that led to losses and damages of the victim and their surviving family. To win a wrongful death lawsuit, the plaintiff party must specifically provide evidence of these two factors:

1) The accident was caused by the opposing party, and not the victim themselves. It is important to note that in Indiana, in a comparative fault case, the Estate can recover as long as the victim was not more than 50% at fault.

2) The victim’s death caused damages and losses for the surviving family.

Read our blog, “The Fundamentals of a Negligence Lawsuit” to learn more about the 4 main elements of a negligence lawsuit.

Wrongful Death Recovery

Wrongful death lawsuits are meant to recover compensation to alleviate the damages and losses suffered by the surviving family. Such losses include the victim’s lost wages, inheritance, love and companionship, and funeral costs. Although recovering compensation for these losses will not fully relieve the family of the pain and loss they feel, it will relieve the financial burden of their loss, which helps make life less stressful during a time of deep grieving and can help pay for future costs associated with taking care of children and providing for the surviving spouse.

Talk to a Wrongful Death Lawyer for Trusted Advice

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a wrongful death claim in Indianapolis, Indiana or anywhere else throughout Indiana. Our licensed attorneys are ready, willing and able to help you recover the full and fair compensation you deserve after losing a loved one in an accident caused by another party. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Schedule your free consultation, today.

Should I Hire a Personal Injury Lawyer After an Accident?

Posted on October 2, 2018 by admin

After being injured in an accident, there are many questions and concerns on your mind, as well as the minds of your loved ones. Dealing with insurance companies after sustaining a personal injury can be challenging and tedious, especially for those who are not well-versed in insurance and tort law. For many more reasons aside from these, it is strongly encouraged to hire a personal injury lawyer after being hurt in an accident that was not your fault.

Continue reading to learn why this duty is so vital to your quality of life.

Indiana Personal Injury Lawyers
317-881-2700

Hiring an Attorney is Vital to Your Claim

Although you are not required by law to hire a lawyer in order to make an accident claim or file an injury lawsuit, it is strongly recommended. They have what it takes to negotiate settlements, navigate pre-trial processes, take your case to trial, and fight for the full and fair compensation you deserve.

Here are some of the top reasons why you want a lawyer in your corner:

☑ Legal Expertise

When it comes to obtaining the best possible outcome for your personal injury claim, it is critical to hire a personal injury lawyer for legal assistance. Seasoned personal injury lawyers are educated and experienced in tort law and litigation, and are capable of building a strong case on your behalf. The more serious the accident, the more necessary it is to have a lawyer on your side.

☑ Attorneys for the Other Side

When you sustain a personal injury, the defendant’s insurance company will seek to argue why your damages should be minimized. In fact, most insurance companies have staff counsel so the greater the injuries, the more likely it is that an attorney for the insurance company is involved with the claim behind the scenes from the beginning. If the other side has an attorney from the beginning of your claim, you should have an attorney as well.

☑ Peace of Mind

Not only are they qualified to properly obtain necessary evidence and present that evidence in an admissible form, they give clients peace of mind. Having an attorney handling your claim allows you to focus on your health and recovery, rather than worrying about how you are going to pay your rent, mortgage, hospital bills, and more. With less stress and anxiety, your body can better heal itself, overtime.
Greater Recovery

By hiring a personal injury attorney, you increase your chances at winning your case and recovering the full and fair amount of compensation you deserve. Cases are won and lost based upon the evidence and evidence can disappear if not obtained quickly. If you were to represent yourself, the chances of you being able to negotiate a fair settlement is much lower. You simply will not recover as much compensation as you would with a seasoned Indianapolis personal injury lawyer working your case.

How to Get Started on Your Personal Injury Claim

Personal Injury Law Firm
317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury claim in Indianapolis, Indiana. We represent personal injury clients throughout Indiana and residents of other states for injuries sustained in Indiana. Our licensed attorneys are eager to help you recover the full and fair compensation you deserve after being injured in an accident caused by another party. We offer free initial consultations and never collect lawyer fees unless we prevail for you.

Examples of Nonfeasance in Terms of Tort Law

Posted on August 18, 2015 by admin

There are so many terms in regards to tort law that it can be confusing understanding what a simple sentence means in a legal or court document. Personal injury lawyers are the solution to comprehending confusing legal jargon and paperwork in the case that you are filing a claim against a negligent party. Some terms, like “negligence” and “liability” can be self-explanatory; but other terms, like “nonfeasance” can be quite the opposite. Continue reading to learn the meaning of the term nonfeasance, and examples of such cases.

Personal Injury Law Firm 317-881-2700

Intentional Failure to Act

Nonfeasance is a legal term used in tort law that describes an inaction, rather than an action. Nonfeasance is the act of intentionally neglecting to carry out a mandatory duty or obligation, and as a result of that neglect, someone is harmed or killed. Someone can be guilty of nonfeasance if and when a duty of care is owed to a person or group of people, a breach of that duty takes place, and that breach resulted in injury to that person or people.

Courts believe that people, even if they are not creating a dangerous situation, must still take proper action to prevent harm or danger to others. In most cases, this liability is for those with preexisting relationships only. For example, if an onlooker observes a stranger drowning, they cannot be held liable for harm or death to the stranger if they have no pre-existing relationship with them. On the other hand, if the onlooker and victim are not strangers to one another, there is a legal duty of care to help. In contrast, if the bystander is someone with a legal duty of care to help or protect, like teachers or lifeguards, then they CAN be held accountable for a victim’s drowning or injury if they neglect to take proper action to prevent harm.

Relationships that obligate a duty to act in terms of nonfeasance include spouses, family members, school and students, babysitter and child, employer and employees, jails and jailers, medical establishments and patients, driver and passenger, parents and children, lifeguards, EMTs, firefighters, law enforcement, and much more. Courts have also found a “duty to act” in cases where a person provides help for someone injured or in danger, but that help leaves the victim in worse condition because their actions were unreasonable, also referred to as misfeasance (performing poorly). For example: a person sees a car accident and stops to help the victim. They pull the unconscious victim from the vehicle and carries them to the side of the road. All of these actions turn out to be more harmful because the victim had serious neck and spinal injuries that called for special maneuvering and transportation by trained EMTs. By moving the victim themselves and hesitating to call 911, they put the victim in further danger. This means they can be held liable for nonfeasance, or failing to take the proper actions to prevent harm to another.

If you believe you or someone you love has been a recent victim of similar negligence, contact a licensed personal injury lawyer to learn your rights.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free initial consultation with a licensed personal injury attorney in Indianapolis. Accident attorney, Daniel Craven, is happy to answer your questions about personal injury claims, compensation, and more. We never collect lawyer fees unless we get money for you! Call 317-881-2700 for information about our personal injury practice areas and office locations in Indianapolis, IN today.

Errors that May Waive a Counsel’s Right to Argue for Mistrial

Posted on July 14, 2015 by admin

Indianapolis Accident Attorneys 317-881-2700

If counsel fails to ask the trial court to rebuke a juror during trial, has counsel, for purposes of an appeal, waived any claim of error for a mistrial? The Indiana Court of Appeals says, yes. Recently, in Upham v. Morgan County Hosp., 986 N.E.2d 834 (Ind. Ct. App. 2013), the Indiana Court of Appeals held that the attorney’s failure to ask the trial judge for an admonishment of the jury pool waived the counsel’s right to argue for a mistrial later.

In order to be entitled for a mistrial, the defendant must be able to establish that the questionable conduct that occurred was so prejudicial and inflammatory that it placed the defendant in a “position of grave peril”. Oliver v. State, 755 N.E.2d 582, 585 (Ind. 2001), citing Gill v. State, 730 N.E.2d 709, 712 (Ind.2000).

For Example…

In Upham, the wife of a deceased patient brought a wrongful death action against a hospital and their physicians, for their failure to diagnosis her husband’s ruptured abdominal aortic aneurism. The medical review board ruled that the evidence supported a conclusion that the hospital met the applicable standard of care and a jury found for the hospital. On appeal the estate argued that the trial court should have ruled a mistrial after a prospective juror, a retired attorney for Eli Lily opined that malpractice suits were “the goose that laid the golden egg for trial attorneys and specifically plaintiff attorneys.” The plaintiff’s attorney further asked the prospective juror if he believed she was “taking this case just because she wanted an attorney’s figure” and didn’t believe in justice. While the prospective juror replied that he recognized counsel would receive one-third of any judgment, counsel did not ask the trial court to admonish the prospective juror regarding such prejudicial statements.

A trial court has discretion to grant or deny a challenge for cause, and such decision is appealable, as long as it is not illogical or arbitrary. Woolston v. State, 453 N.E.2d 965 (Ind.1983). If a juror serves and should have been removed for cause, the complaining party is entitled to a new trial, absent waiver. Haak v. State, 417 N.E.2d 321, 324 (Ind. 1981). Accordingly, on appeal, in order for a challenging party to prove that an erroneous denial of a challenge occurred and is entitled to a new trial without waiver, the party needs to show that they were unable to strike another objectionable juror because the party had exhausted their remaining peremptory strike.

Therefore, in Upham, The Indiana Court of Appeals held that counsel’s failure to ask the trial court to admonish the jury pool waived counsel’s right for a mistrial. Upon denying the counsel’s motion, the Court of Appeals said that Upham’s counsel invited much of the juror’s prejudicial statements.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for professional legal assistance in filing a personal injury claim in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience in accident law. They are happy to answer your questions about compensation, lost wages, medical bills, legal rights, and more, following a recent serious injury. We offer free initial consultations and never collect lawyer fees unless we win a settlement. Call 317-881-2700 to schedule your consultation with a licensed personal injury lawyer in Indianapolis, today.

What is a Reservations of Rights Letter?

Posted on June 1, 2015 by admin

Once a personal injury victim files a claim with or against an insurance company, the first document they will send to the insurance adjuster is called a demand letter. The first document they might receive from the insurance provider is called a “reservations of rights” letter. This letter is sent by the insurance company before the negotiations process begins. Continue reading to learn what this letter is and how it is used in personal injury litigation.

Reservations of Rights

Personal Injury Law Firm 317-881-2700

When victims receive a reservations of rights letter from the insurance company they are filing a claim with, they can feel a sense of anxiety due to misconception of its contents. Many believe that the insurance carrier is claiming they are not going to cover a victim’s damages, when in fact, this is not the case. A reservations of rights letter simply conveys to the claimant that the insurance provider “reserves the right” to not pay for anything if the accident is not covered under their policy. It also informs the claimant that they are still going to investigate the case to determine liability.

Insurance companies send these letters to claimants in order to protect themselves from future legal conflicts. This informs claimants that although they are starting an investigation, they are not acknowledging fault or promising coverage. They also express that remuneration is not guaranteed at all unless their investigation proves the accident is covered under their particular policy. Most often, this letter is meant to slightly intimidate claimants, in hopes that they decide to take a quicker and lower settlement and avoid going to trial.

Personal injury victims or claimants needn’t be nervous about a reservations of rights letter. They still have an obligation to investigate a claim and provide terms of settlement if the accident and injuries are covered under policy. Keep in mind that insurance companies fervently attempt to pay out the lowest possible compensation to victims, which is why it is important to hire a licensed personal injury attorney for aggressive and effective representation. They can recover the full and fair compensation a victim or their families deserve.

Indianapolis Personal Injury Law Firm

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, are seasoned accident lawyers with extensive trial and litigation experience. They offer free initial consultations and never collect attorney fees unless they prevail for you. Call 317-881-2700 and schedule a consultation to discuss your accident with a licensed personal injury lawyer in Indianapolis, IN.

Explanation of Negligence Per Se Claims

Posted on May 19, 2015 by admin

Indianapolis Accident Attorneys 317-881-2700

In a standard personal injury case, a plaintiff or their legal team is obligated to establish a defendant’s “duty of care”, prove that there was a “breach” of the duty, and then demonstrate how this negligence caused the plaintiff harm or damages. In a “negligence per se” case, there is no need to prove or establish any of these facets since negligence per se already suggests negligence was at play. Continue reading to learn what this means and examples of such cases.

Negligence Per Se

Negligence per se is a “cause of action” claim that suggests a person acted negligently, causing harm to another, by violating a law (criminal, not civil) that is set to protect people for that specific reason. Speed limits are a perfect example of laws set in place to protect the public. If a person were to ignore a speed limit, exceed it, and then cause an accident that harms another person, they can be held accountable under negligence per se laws.

The plaintiff party would have to first show that the defendant broke the law, which is fairly concrete. Then the case can move onto proving how violation of that law caused the victim harm. The negligent act had to have caused the type of harm the law was intended to prevent specifically, like in the case of reckless driving and motor vehicle accidents. And the victim has to be part of the “class” the law was set to protect; in this case, the public class.

To Prove Negligence Per Se, the Following Four Facts Must Be True:

1. A Safety Law was Violated

2. The Violated Law is Punishable By Criminal Penalty, Not Civil Penalty

3. The Violated Law is Set to Protect the Public from the Type of Injury Inflicted

4. The Injured Victim is a Member of the Class that the Violated Law Protects

Other examples of common negligence per se claims include buildings codes, city codes, health and safety codes, intoxicated driving, blatant medical malpractice (i.e. refusing emergency care, removing incorrect organ, practicing without a license, etc.), and more. States and jurisdictions vary in the use and application of negligence per se claims. Depending on your state or jurisdiction, the process can differ greatly. It is recommended to hire a licensed personal injury attorney that concentrates on the accident you or your loved one experienced so that your family’s rights are protected. A seasoned accident lawyer can help families recover the full and fair compensation they deserve after being injured as a result of another person or entity’s carelessness.

Craven, Hoover, and Blazek P.C.

Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed Indianapolis personal injury lawyer you can trust. Partners, Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned personal injury attorneys that focus on several practice areas; including motor vehicle accidents, slip and fall accidents, dog bites, workers’ compensation, and more. We never collect lawyer fees unless we prevail for you. Call 317-881-2700 to file a personal injury claim in Indianapolis, IN today.

Can an Injured Employee Collect Unemployment and Temporary Total Disability Benefits if Laid Off?

Posted on April 21, 2015 by admin

Workers Compensation Lawyer 317-881-2700

A few years ago, the Indiana Court of Appeals made a ruling regarding injured employees and workers compensation. They ruled that an injured worker can still receive workers’ compensation benefits even after collecting unemployment during the same time-period, so long as the total amount of unemployment is deducted from the total benefits collected once a settlement is reached. Please continue reading to review an example of such case and learn more about injured victims’ rights.

TTD Benefits Versus Unemployment

A mechanic is injured on the job and takes medical leave while collecting temporary total disability benefits (TTD), or workers’ compensation. The mechanic, although still in pain and disabled, is cleared by a doctor to return to work. When the mechanic does return to work, he finds that he is still in too much pain to perform his vocational duties. And then the shop owner closes the shop and lays off all employees. So what does the mechanic do now? Well he files for and collects unemployment, naturally.

But as he is beginning a new job at a new shop, he realizes that he just can’t do the same nature of work as he used to with all the pain and discomfort he’s experiencing. So for this reason, he has to leave the workforce a second time. At this point, the mechanic sees a doctor for an independent medical exam (IME). During this exam, the physician finds that the mechanic is currently, and has remained, disabled from the time of his initial injury. So now the mechanic, although still collecting unemployment, needs to collect additional TTD benefits as well. Employers are not fans of this. They will fight tooth and nail to avoid paying any additional workers’ compensation to injured employees, especially if they are already collecting unemployment. However, there is a solution for this.

The courts view on such a scenario is that an injured worker CAN be eligible for both unemployment and TTD benefits at the same time, but can only receive one. In this case, the mechanic could be awarded TTD benefits from their employer so long as the total amount of unemployment paid is deducted. Unemployment must be deducted otherwise the employer can contest that the worker was already being paid unemployment and looking for new work. So if a worker is still injured but collecting unemployment, they can argue for TTD later, with the help of a skilled personal injury lawyer.

You see, many Indiana workers are injured on the job, and then laid off while collecting TTD benefits. But once the lay-off happens, many employers are slow to continue paying any TTD benefits, so injured workers resort to filing for unemployment because it’s faster and they need the financial support. But this is not fair, and TTD benefits can be fought for with a fervent legal team on your side.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for help with workers’ compensation claims in Indianapolis, Indiana. Attorney, Daniel Craven, and the team of licensed personal injury attorneys here at our law firm are eager to help injured victims recover the full and fair compensation they deserve. We offer free initial consultations and never collect lawyer fees unless we win your settlement. Call 317-881-2700 and speak with a licensed personal injury lawyer in Indianapolis, IN today.

Understanding Medical Consents

Posted on April 1, 2015 by admin

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

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.