Is a Misdiagnosis Considered Medical Malpractice?

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.

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

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.

Related Posts:

Did an Unnecessary Surgery Cause You to Suffer More Health Complications?
Do I Have a Valid Medical Malpractice Claim?
To Sue or Not to Sue for a Personal Injury?

Did an Unnecessary Surgery Cause You to Suffer More Health Complications?

Surgery is meant to save lives and improve a patient’s overall health and well-being. But these intentions are futile when surgery is performed on a patient that was not necessarily in need of an operation or medical procedure. In these rare cases, patients and their families want to know if they can pursue any type of legal action against a hospital or medical practitioner for performing an unnecessary surgery that resulted in heighten, additional, or continued health complications.

Continue reading to learn important information about patients’ rights following unnecessary surgeries or medical procedures, including where to get trusted legal advice regarding your eligibility for compensation through a medical malpractice claim in Indiana.

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

All Medical Operations and Treatments Pose Inherent Risks

All surgeries come with a certain degree of risk, causing some patients to suffer moderate to severe complications, such as organ damage, infections, hemorrhages, medication errors, anesthesia mistakes, improper stitching, cross-contamination, and more. Along with risk, surgery is also expected to be accompanied by a certain level of pain and discomfort, which is why it is important to rest as much as possible following an operation. With the potential risks and common outcomes associated with medical operations like surgery, patients want their procedures to be worthwhile in the end. So, what happens when a patient experiences similar after-effects for a surgery that was not even required?

Unethical Promotion of Unnecessary Surgeries

Unnecessary surgeries do take place, usually for operations like cesarean sections, hysterectomies, coronary bypass, pacemaker, implants, and more. These kinds of unnecessary surgeries commonly occur at doctor-owned outpatient medical centers, where physicians are not as scrutinized for their surgical undertakings. Many doctors have been known to “sell” their services, heavily promoting or even directly recommending various surgical procedures that are not essential to a patient’s health and well-being, thus costing their patients to suffer compensatory and non-compensatory damages, like pain, suffering, time, and money.

Such Procedures Are Not Always Medical Malpractice

Keep in mind that unnecessary surgeries do not always involve negligence, and therefore, are not medical malpractice cases. Most surgeries are performed based on true, accurate, and rightful professional medical research and recommendations. In such cases, even if the surgery was not necessary, it still wouldn’t be negligent.

A medical malpractice surgery be constituted if a doctor or surgeon acts negligently in some way, and/or a medical operation somehow causes long-term damage to the patient. These are very complicated cases, so it is strongly encouraged to speak with a licensed Indiana personal injury attorney regarding your medical malpractice lawsuit questions.

How to Get Started on Your Case

If you believe you were recently taken advantage of and/or misguided into agreeing on receiving a surgery that you didn’t actually need, contact a personal injury lawyer in Indianapolis right away. They have the knowledge, experience, and resources to accurately assess your case and determine if you were wrongly subjected to a surgery that was not needed.

You or your family could be legally entitled to compensation for your damages, including pain, suffering, medical expenses, hospital bills, lost wages, loss of companionship, prolonged rehabilitation, wrongful death, and much more. Trust a reputable Indiana accident attorney to guide you in the right direction toward a maximum settlement for you and your family.

Would you like to schedule a free, no-obligation case evaluation with a seasoned personal injury attorney who specializes in such cases? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an experienced medical malpractice lawyer in Indianapolis, Indiana. We offer free initial consultations over the phone, via video, or in person at our office.  The sooner you call, the sooner we can start obtaining evidence critical to your case.

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Do I Have a Valid Medical Malpractice Claim?
To Sue or Not to Sue for a Personal Injury?
Common Types of Damages Awarded in Personal Injury Lawsuits

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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The 6 Elements of a Prescription Medication Malpractice Lawsuit

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.

Common Types of Wrongful Death Lawsuits

Wrongful Death Attorneys 317-881-2700

Wrongful Death Attorneys 317-881-2700

When a person is killed or dies as a result of another individual or entity’s negligence, it is called termed a wrongful death. There are infinite ways a person or family can become a victim of a wrongful death. In the case of a wrongful death, the immediate family would receive any monetary penalties, debts, or benefits following the incident. Continue reading to learn more about the different cases of wrongful deaths and what to do in the case of such tragedy.

Medical Malpractice

Medical malpractice is one of the most common cases of negligent deaths. This often occurs for many reasons, including improper medication, incorrect diagnosis, surgical errors, unintentional doctor error, and more. It is commonly the hospitals, doctors, anesthesiologist, medical boards, and more that are held accountable for medical malpractice cases.

Drunk Driving Accidents

Drunk driving is the most common cause of wrongful death accidents. In addition to driving under the influence, distracted driving is another common cause of negligent deaths on the road. Failure to obey traffic signals, ignoring traffic signs, texting and driving, eating and driving, dealing with children and driving, intoxicated driving, and more are examples of distracted driving.

Product Defects

Manufacturer defects in products sold on the market can be another cause of negligent death. When automotive parts, children toys, and food are commonly recalled for defective issues that can cause harm or death to an individual and even pet.

Workplace Accidents

Accidents that result in death within the workplace are another common cause of such cases. Scaffolding accidents, falling from great heights, construction equipment accidents, improper employer safety measures, unsafe work conditions, motor vehicle accidents, and more are common workplace wrongful death lawsuits.

Advice for Victims

Any type of wrongful death case requires the services of a well-versed and seasoned personal injury attorney. Contact an injury law firm right away if someone you love was recently killed in a negligent accident that was not of any fault of their own. You and your family may be entitled to compensation for your damages; like pain and suffering, trauma, post-traumatic stress, mental anguish, funeral expenses, hospital bills, and more.

Wrongful Death Lawyers in Indianapolis

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a wrongful death claim in Indianapolis, Indiana. Seasoned personal injury attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are here to help you obtain the rightful compensation you deserve after wrongfully losing a loved one. We offer free initial consultations and never collect lawyer fees unless we recover for you. Call 317-881-2700 to schedule an appointment with a wrongful death lawyer in Indianapolis, IN today.

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.

Are Bed Rails a Safety Concern for the Elderly?

Nursing Home Neglect Lawyers 317-881-2700

Nursing Home Neglect Lawyers 317-881-2700

When we get to a certain age, our bones and muscles naturally weaken and atrophy. Elderly individuals have trouble navigating their ways into and out of bed each day, and can even have trouble remaining in bed as they sleep or rest. As a practical solution, bed rails were introduced to facilities that housed the elderly, as well as, the general market for private and public commerce. These rails were intended to protect the elderly from having bedside accidents, like falling out of bed as they sleep, or injuring themselves
as they try to step in and out of bed.

But there is a new buzz among nursing homes, hospitals, and homes about the potential dangers of bed rails. Are bed rails more of a hazard for the elderly, or are they perfectly safe and effective? Continue reading to learn more.

Improper Use or Manufacturing of Safety Rails

Defective products are far and few, but they do happen. In the case that bed rails are manufactured with defects, they cannot perform their intended purpose of protection and assistance. This leads to accidents resulting in cuts, scrapes, lesions, sprains, head injuries, orthopedic injuries, and more. Even when bed rails are in perfect condition, the same consequences can result from improper use of safety rails as well. In the case of improper use, a nursing home or hospital can be liable for a senior citizen’s injuries or wrongful death. In the case of a product defect causing injury or death, the manufacturer can be held legally accountable.

Bed Rail Injuries

It is scary to think there are enough bed rail accidents and injuries to have substantial statistics for them, but it’s true. More than 30,000 bed rail-related accidents were confirmed between the years of 2003 and 2011, and more than one hundred people died. And these were the incidents that were actually reported, as many were not. In 1995, the FDA issued safety warnings for bed rails, yet manufacturers were never legally required to provide safety labels on their devices. Since 2006, the FDA has introduced some proposed guidelines for hospitals and nursing homes to use when it comes to bed rail safety awareness.

Nursing Home Neglect Lawyer

If you suspect that an elderly loved one is being neglected or mistreated by their nursing home or residential caregiver, contact a nursing home neglect lawyer right away. You may be entitled to remuneration for your elderly loved ones’ damages or wrongful death. Stop nursing home neglect in its tracks by hiring a reputable attorney to prove your case and recover compensation that’s rightly deserved.

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 nursing home neglect claims in Indianapolis, Indiana. Attorney, Daniel Craven, has extensive litigation and trial experience. He is happy to discuss your concerns about nursing home neglect, residential care neglect, and more. Our law firm offers free initial consultations and never collects lawyer fees unless we prevail for you. Call 317-881-2700 for more information about nursing home neglect lawsuits in Indianapolis, IN.

Can Anti-Depressants Cause Birth Defects if Taken During Pregnancy?

Medical Malpractice Attorneys 317-881-2700

Medical Malpractice Attorneys 317-881-2700

Many people are prescribed thousands of medications and treatments for infinite conditions and illnesses. One of the most common prescription drugs fall into the category of anti-depression medications. Anti-depressants have been used to treat emotional and mental illnesses in men, women, and children for several years, all over the world. They are generally prescribed by family and psychiatric doctors.

When it comes to these kinds of prescriptions, there has been a lot of talk about their effects on pregnancies in women. Families want to know if anti-depression medication can be linked to birth defects in newborn babies. We all know that pregnancy is a challenging and emotional time for a woman. For women who suffer from depression, most of the time a standard anti-depressant is prescribed to treat the condition. Although this has been a common practice in the medical world, there is now new studies that may prove that these drugs have the potential to cause birth defects and severe health complications if taken while pregnant.

SSRI’s and Birth Defects

There are many anti-depression medicines, many of which include SSRI’s or selective serotonin reuptake inhibitors. Several of these medications, as well as other non-SSRI anti-depressants, have been linked to birth defects when taken during a woman’s pregnancy. Unfortunately, due to the inconclusiveness of many studies, the medical communities are simply unsure on whether or not the link actually exists. This means doctors and psychiatrists are still prescribing pregnant women who are suffering from depression and anxiety, anti-depression medication.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

There is, however, evidence that one common type of anti-depressant causes a rare lung and heart condition in newborns. They are specific SSRI’s that include medications like Prozac, Celexa, Lexapro, Luvox, Zoloft, and Paxil. The lung condition that has been linked to these drugs is called Persistent Pulmonary Hypertension or PPHN. It is a very serious condition found in newborn babies that requires 24 hour comprehensive supervision and medical treatment. Unfortunately, even with intensive treatment, most babies will not make it. Their circulatory system is simply not strong enough to deliver oxygen to the soft tissue of the lungs and other major organs. As a result, babies suffer shock, brain hemorrhaging, heart failure, and many other serious complications.

If you or a loved one was pregnant and taking prescription anti-depressants like the ones mentioned above, and a child was born with health problems, contact an Indianapolis Medical Malpractice Lawyer right away. They retain the proper resources to investigate a case and determine if medical malpractice has occurred in any way. You could be entitled to compensation for your family’s damages, pain, and suffering.

Craven, Hoover, and Blazek P.C.

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call 317-881-2700 and speak with a licensed personal injury lawyer in Indianapolis, Indiana today. Craven, Hoover, and Blazek P.C. retains the state’s most accomplished accident attorneys and legal teams. Attorney, Daniel Craven, has more than 30 years of litigation and trial experience. We offer free initial consultations and never collect lawyer fees unless we prevail for you! Call 317-881-2700 and speak with a friendly and knowledgeable legal representative about your potential medical malpractice claim in Indianapolis, IN and its surrounding counties.