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.

Medical Malpractice and Surgical Error Lawsuits

Posted on March 17, 2015 by admin

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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.

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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

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.

Craven, Hoover, & Blazek P.C.

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