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.

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Frequently Asked Questions About Medical Malpractice Claims
The 6 Elements of a Prescription Medication Malpractice Lawsuit

Frequently Asked Questions About Medical Malpractice Claims

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.

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.

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.

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.

Beware of Serious Prescription Drug Side Effects

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm 317-881-2700

There have been several recent reports regarding serious side effects caused by prescription drug use and treatment. Although most medications are helpful to patients, and can even save lives, some prescription meds have the potential to cause severe side effects; such as discomfort, medical complications, and even death. If you or a loved one has taken any prescription drugs that have caused serious or life-threatening side effects, you may be entitled to compensation for your damages.

It is important to consult a licensed Indianapolis product liability lawyer for accurate answers to your legal questions, and to receive trusted professional guidance for pursuing a lawsuit.

Prescription Drugs that Can Potentially Cause Serious Side Effects

Below is a list of several prescription medications that have been reported by patients to cause serious and potentially fatal side effects when consumed. If you have taken any of the listed medications below, consult a physician to reassure you are not in harm’s way. If you have taken one or more of the below listed drugs, and have experienced severe side effects, also consult a personal injury attorney. They retain the proper experience, knowledge, and resources to investigate a potential product liability claim or personal injury case for victims of prescription drug side effects.

Here are some prescription drugs and side effect-scenarios recently reported by the Federal Drug Administration (FDA):

Pradaxa

A blood thinning medication. Said to have caused excessive bleeding and even internal hemorrhaging in some users. This drug was meant to be a “perfect substitution” for a drug called Coumadin, but it is in fact a very dangerous drug.

Xarelto

Also a blood thinning medication. Meant to be an alternative to a drug called Warfarin. In contrast to Warfarin, Xarelto doesn’t have an antidote for its anti-clotting mechanism in the case of an emergency. This makes it a very risky and dangerous drug.

Byetta

An injectable medication meant to treat Type II Diabetes. It works in the gastrointestinal tract to increase the production of insulin in the gut. Has been reported with several complications. Similar meds include Victoza and Januvia.

Januvia

Manufactured by Merck Pharmaceuticals to also treat Type II Diabetes. Although the FDA approved this drug in 2006, it has been reported causing several medical complications since its public reveal in 2007.

GranuFlo

A dialysis medication for kidney disease. The FDA issued a Class I product recall, the most serious classes of recalls for medical products, because this drug is too dangerous and can cause death.

NaturaLyte

Also a dialysis medication that was CLASS I recalled by the FDA in 2012 for its dangerous side effects, including death.

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 to speak with a licensed product liability lawyer in Indianapolis, Indiana. Attorney, Daniel Craven, can help you or your family recover compensation for a loved one’s death or personal injury after taking one of the above medications, or other harmful drug. We offer free initial consultations and never collect lawyer fees unless we win your settlement. Call 317-881-2700 to learn more about filing a product liability lawsuit in Indianapolis, IN today.

Is an Unfortunate Medical Outcome Necessarily Medical Malpractice?

Medical Malpractice Lawyers 317-881-2700

Medical Malpractice Lawyers 317-881-2700

Medicine and medical care is, without a doubt, one of the most delicate and complicated industries. No matter how proficient or well-versed a physician or surgeon may be, it is inevitable that at some point in their career, they will experience at least once unsuccessful treatment or medical case. All doctors and superintendents in the medical field are well-aware that not all cases can be successful or treated; and the law comprehends this notion as well.

This protects hospitals and physicians from medical malpractice lawsuits in the case of a tragic and unfortunate medical outcome. If a patient perishes or becomes more ill from a particular treatment or illness, it is not always immediately connected to medical malpractice.

Medical Malpractice Lawsuits

When it comes to a medical malpractice lawsuit, courts and lawyers work diligently, using a methodical approach, to investigate the circumstances of a patient’s treatment, illness, or death. It is their jobs to distinguish the difference between an unexpected or inevitable misfortune, and actual medical malpractice. There are standards of care in the wider medical community, and these standards are how the law identifies medicine malpractice cases. So if doctors or personnel fail to meet these standards and a tragedy occurs, then malpractice may be at play. In this case, families may be entitled to compensation for wrongful death and medical malpractice, and encouraged to pursue a lawsuit.

When it comes to medical mistakes or surgical errors, these cases are rarely cut and dry. In order to accurately assess and investigate the underlying circumstances and causes of such errors, families need a skilled and seasoned Indianapolis medical malpractice attorney to evaluate their case.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call 317-881-2700 to schedule a free initial consultation with a licensed and highly accomplished medical malpractice lawyer in Indianapolis, Indiana. Attorney Daniel Craven, and his fellow colleagues, are extensively well-versed in medicine malpractice law and will work fervently to recover the compensation your family deserves after suffering a loss or wrongful death. We provide all-inclusive customer support and never collect lawyer fees unless we obtain compensation for you. Call 317-881-2700 for more information about filing a medical malpractice lawsuit in
Indianapolis, IN
today.