Tag Archives: Medical Malpractice attorney

Do I Have a Valid Medical Malpractice Claim?

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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.

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Frequently Asked Questions About Medical Malpractice Claims

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

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

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

🏥 Do I Have a Medical Malpractice Case?

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

🏥 How Long Does a Medical Malpractice Case Take?

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

🏥 How Much Does a Medical Malpractice Attorney Charge?

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

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

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

🏥 Is Nursing Home Abuse Medical Malpractice?

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

🏥 How Do I Win My Medical Malpractice Case?

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

Indianapolis Medical Malpractice Lawyers

Indianapolis Personal Injury Lawyers 317-881-2700

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

Can Hospitals Vaccinate Babies Without Permission?

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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.

Can Birth Injuries Be Caused By Labor Inducing Drugs?

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Child Injury Lawyers 317-881-2700

Child Injury Lawyers 317-881-2700

When a woman is past her due date, her obstetrician may decide to induce labor to avoid delaying the birth any longer. When childbirth is delayed, both mother and child can face certain risks. Not only can the unborn baby can grow too large, it can experience distress, which can lead to serious complications. Other times, a doctor may order a patient to be induced in the case that an epidural has slowed or stalled labor. Epidurals are pain-relieving drugs given to women in labor, but they can sometimes impede the labor process.

Side Effects

Complications can always arise during labor, but when medications are utilized, the risk of complications increase. There are multiple types of medications used to manually initiate labor in women during pregnancy. One of the most common and well-known labor-inducing medication is called Pitocin. Pitocin, along with all other types of labor inducing drugs, may cause side-effects in both mother and child. Common side effects for mothers may include nausea, vomiting, dizziness, and painful contractions. For infants, they may cause a slowed or irregular heartbeat, bleeding in the eye, and even seizures. Some side effects can be serious, but most go away as the medication wears off in the bloodstream.

Birth Injuries

As for birth injuries, they can occur when mistakes are made during the labor or delivery process, especially during unexpected complications, such as breaches, limited oxygen, and more. Doctors may use medical instruments like forceps or vacuums to dislodge or re-position an infant during labor. Improper technique or mistakes while handling such situations can cause harm to the infant, including bruises, orthopedic injuries, and Brachial Plexus damage. In this case, a woman and her child would have rights to any losses or damaged suffered as a result.

Indianapolis Personal Injury Lawyers

Personal Injury Law Firm Indiana

Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your personal injury claim in Indianapolis, Indiana. We are seasoned accident attorneys who offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to schedule an appointment with an experienced Indianapolis personal injury lawyer, today.

Information for Victims of Head Injuries and Brain Trauma

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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.

Understanding Medical Consents

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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.