Do I Have a Valid Medical Malpractice Claim?

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.

Medical Malpractice Lawyers Indianapolis Indiana 317-881-2700
Medical Malpractice Lawyers Indianapolis Indiana 317-881-2700

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.

Related Posts:

Injured from a Defective Surgically-Implanted Medical Device?
Frequently Asked Questions About Medical Malpractice Claims
The 6 Elements of a Prescription Medication Malpractice Lawsuit

Can Hospitals Vaccinate Babies Without Permission?

Medical Malpractice Lawyers 317-881-2700

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

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

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.

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.