Navigating the Legal Maze: Hiring a Medical Malpractice Lawyer in Indiana

Medical malpractice is a serious issue that can profoundly affect the lives of victims and their families. In Indiana, where medical errors are an unfortunate reality, understanding the complexities of medical malpractice and knowing how to find the right legal assistance is crucial. Whether you’ve been a victim of a misdiagnosis, unnecessary surgery, or physician negligence, this guide aims to provide Indiana residents and malpractice victims with the essential information they need to seek justice and compensation.

Call 317-881-2700 When You Need a Seasoned Medical Malpractice Lawyer in Indiana
Call 317-881-2700 When You Need a Seasoned Medical Malpractice Lawyer in Indiana

Key Elements of a Medical Malpractice Case

Medical malpractice occurs when a healthcare professional’s negligence leads to patient harm. To qualify as malpractice, the case must meet certain criteria:

  1. Duty of Care: The healthcare provider owed a duty of care to the patient.
  2. Breach of Duty: The provider breached this duty by acting against the standards of the medical community.
  3. Causation: The breach caused the patient’s injury or harm.
  4. Damages: The patient suffered quantifiable harm as a result.

Indiana’s Specific Laws and Regulations

Indiana has specific laws governing medical malpractice cases, making it essential for victims to familiarize themselves with these regulations:

  1. Statute of Limitations: In Indiana, victims have two years from the date of the malpractice incident to file a claim. Certain exceptions apply, such as cases involving minors or mental incapacitation.
  2. Damage Caps: Indiana places a cap on the amount of damages that can be awarded in medical malpractice cases. As of mid 2019, the maximum amount recoverable is $1.8 million.
  3. Medical Review Panel: Before filing a lawsuit, claims must be reviewed by a medical review panel consisting of healthcare professionals who assess the validity of the claim.

The Importance of Hiring a Specialized Personal Injury Attorney

Hiring a specialized personal injury attorney who has experience with medical malpractice claims in Indiana can significantly impact the outcome of your case. Here’s why:

  1. Expertise and Knowledge: Specialized lawyers understand the intricacies of medical malpractice laws and can navigate the legal system effectively.
  2. Access to Resources: Experienced attorneys have access to medical experts and investigators who can provide crucial insights and testimony.
  3. Negotiation Skills: Litigators skilled in malpractice cases can negotiate better settlements, ensuring you receive fair compensation.

What a Medical Malpractice Attorney Will Do

Medical malpractice cases are notoriously complex. An experienced attorney can:

  1. Evaluate Your Case: Determine the viability of your claim during an initial consultation.
  2. Gather Evidence: Collect medical records, expert testimonies, and other vital evidence.
  3. Represent You in Court: Advocate on your behalf in legal proceedings and settlement negotiations.

How to Choose the Right Lawyer

Choosing the right medical malpractice lawyer is crucial for the success of your case. Consider the following factors:

  1. Experience: Look for a lawyer with a proven track record in medical malpractice cases.
  2. Reputation: Research reviews, testimonials, and past client experiences.
  3. Communication: Ensure the lawyer is accessible and communicates clearly.
  4. Fee Structure: Understand the lawyer’s fee arrangement.

The Importance of an Initial Consultation

Initial consultations are an invaluable step in the selection process:

  1. Assess Compatibility: Determine if the lawyer’s communication style and approach align with your needs.
  2. Understand Legal Strategy: Gain insights into how the lawyer plans to handle your case.
  3. Clarify Costs: Discuss potential costs and fee structures upfront to avoid surprises later.

Overview of Legal Procedures for Medical Malpractice Cases

Medical malpractice cases in Indiana follow a structured legal process:

  1. Filing a Complaint: Initiate the process by filing a complaint with the court.
  2. Medical Review Panel: Submit your claim to a medical review panel for evaluation.
  3. Discovery Phase: Both parties exchange evidence and information.
  4. Settlement Negotiations: Attempt to reach a settlement before going to trial.
  5. Trial: If a settlement isn’t reached, the case proceeds to trial where a judge or jury will determine the outcome.

Recommended Next Steps for Victims of Malpractice

If you believe you’re a victim of medical malpractice, take these steps:

  1. Document Everything: Keep detailed records of medical treatments, communications, and any resulting issues.
  2. Seek a Second Opinion: Consult with another medical professional to assess your condition and validate your concerns.
  3. Consult a Lawyer Immediately: Schedule a consultation with a specialized medical malpractice attorney to evaluate your case.

In Summary

Medical malpractice can have devastating effects on victims and their families. Understanding Indiana’s specific laws and regulations, the importance of hiring a specialized attorney, and the legal process can empower you to seek justice. By understanding the complexities of medical malpractice and knowing how to navigate the legal landscape, you can turn a challenging situation into a path towards recovery and justice.

If you or a loved one believes they’ve been a victim of medical malpractice, don’t hesitate to seek legal advice. Contact our experienced Indianapolis medical malpractice lawyers for a free initial consultation and take the first step towards securing the compensation you deserve. Call now before time runs out on your claim. Unable to travel? No problem – we can hold meetings over the phone or via ZOOM. We can also make trips to your place of in-patient medical care.

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Navigating Medical Malpractice Claims After Reconstructive Surgery
What to Expect from a Medical Malpractice Lawsuit in Indiana
Navigating Indiana’s Statute of Limitations for Medical Malpractice

Navigating Medical Malpractice Claims After Reconstructive Surgery

Reconstructive surgery holds the promise of transformation, be it restoring one’s wholeness after trauma or simply fulfilling personal desires. However, the post-operative reality for some patients can become a harrowing chapter of their lives. When medical errors or negligence mar what was meant to be a hopeful outcome, patients may find themselves in the murky waters of potential medical malpractice.

This guide provides a comprehensive roadmap for corrective surgery patients who suspect they may be victims of medical malpractice. We’ll detail the steps to take, including how to recognize signs of malpractice, engaging legal counsel, and understanding the complex process of filing a personal injury claim. This knowledge is crucial for victims to seek the redress they deserve and encourage a safer, more accountable medical environment.

Call 317-881-2700 to Speak With a Surgery Malpractice Lawyer in Indianapolis Indiana
Call 317-881-2700 to Speak With a Surgery Malpractice Lawyer in Indianapolis Indiana

Legal Notion of Medical Malpractice

Medical malpractice refers to professional negligence by a healthcare provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes harm or injury. In the context of reconstructive surgery or operation, malpractice might occur during the procedure itself – through surgical errors, for example – or in the post-operative care, where issues like infections and improper monitoring can lead to complications.

Negligence vs. Poor Outcomes

Not every corrective surgical error qualifies as malpractice – medicine is not an exact science, and outcomes cannot be guaranteed. However, if a surgeon’s actions or omissions are not in line with the standard of care and result in unnecessary complications, permanent injuries, or disfigurement, they may be liable for malpractice for which their insurance carrier will be responsible for.

Signs of Surgical Medical Malpractice

Physical Indicators

Patients should monitor their post-operative recovery vigilantly. Symptoms of malpractice may include prolonged pain or discomfort that is beyond what was initially explained as a part of the healing process, unexpected side effects, or worsened conditions. In cases of botched surgeries, physical disfigurement or asymmetry may become evident.

Emotional and Mental Well-Being

The regions affected by reconstructive surgeries are often associated with self-esteem and personal identity. If a patient experiences psychological distress due to the results of their procedure, this could be a sign of malpractice or improper care.

Follow-up Care Concerns

Insufficient follow-up care, such as a lack of post-operative instructions, inaccessible medical staff, or delays in addressing patient complaints, are red flags for potential malpractice situations. Patients are entitled to attentive, effective medical care at all stages of their recovery.

Steps to Take as a Victim of Corrective Surgery Malpractice

➀ Seek Another Professional Opinion

Upon suspecting medical malpractice, it’s vital to obtain a second opinion from a trusted, independent doctor. This consultation can validate patient concerns and assess the quality of care provided in comparison to what other professionals would consider standard.

➁ Document Everything

Detailed documentation, including medical records, photographs, and personal notes about the process, serve as vital evidence. Precise records can bolster the validity of a malpractice claim and provide clear indicators of any substandard care received.

➂ Consult with a Legal Expert

The complexity of medical malpractice cases necessitates legal expertise. Victim/patients or their legal representatives should seek consultation with a reputable medical malpractice lawyer who specializes in surgical cases immediately.

Navigating the Personal Injury Lawsuit Process

Hiring the Right Civil Litigator

Selecting the right medical malpractice attorney is perhaps the most critical decision a victim can make. With experience in surgical malpractice cases and a track record of success, such personal injury legal representation can lead to the best possible outcome for the claimant.

Filing a Claim

A medical malpractice lawsuit commences with the filing of a personal injury claim. This process must adhere to specific statutes of limitations, which vary by state and can be as short as 2 years from the date of the corrective surgery. It is imperative to act swiftly once malpractice is suspected.

Expectations and Compensation

Possible outcomes of a surgical medical malpractice claim include settlement negotiations and court trials, with the ultimate goal being financial compensation for the damages incurred. Compensation may cover medical bills, lost wages, pain and suffering, and punitive damages.

Conclusion

Encountering malpractice after reconstructive surgery or operation is a devastating experience, but patients are not without recourse. This guide provides a comprehensive path for those who have suffered at the hands of negligent medical care to seek restitution. Through patient advocacy and holding healthcare providers accountable, the aim is a safer medical landscape where patients can confidently expect the care they deserve.

If you or someone you know is navigating the complex terrain of medical malpractice, never underestimate the value of sound guidance and the power of your voice in ensuring that justice is served. Remember, your physical and emotional well-being are non-negotiable, and seeking reparations can not only support your recovery but also prevent similar incidents from happening to others. With diligence and the right support, the path to recovery can include a vital step towards closure and justice.

If you believe you have been a victim of a negligent surgery or operation in Indiana, it’s time to take your power back. Our team of experienced Indianapolis medical malpractice attorneys is here to guide you through every step of the legal process. Your health, your rights, and your future are too important to leave to chance. Contact us today at 317-881-2700 for a free consultation and let us help you secure the justice and compensation you deserve.

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Navigating Indiana’s Statute of Limitations for Medical Malpractice

Medical malpractice claims can be daunting, not only due to the intricate nature of the medical procedures involved but also the legal complexities that abound. Particularly in Indiana, understanding the statute of limitations for these claims is imperative. This blog will help guide you through the labyrinth of Indiana’s specific rules and timelines related to medical malpractice claims.

Our goal is to arm you with the knowledge necessary to protect your rights and navigate the legal waters with confidence. Whether you are a patient who feels they’ve been wronged or a medical malpractice lawyer seeking clarity, stick with us to unravel the nuances of Indiana’s statute of limitations for medical malpractice.

Call 317-881-2700 to Speak With a Medical Malpractice Lawyer Near Indianapolis
Call 317-881-2700 to Speak With a Medical Malpractice Lawyer Near Indianapolis

Statute of Limitations Definition

Before delving into Indiana’s specifics, let’s first understand the term ‘statute of limitations.’ Simply put, it is a legal time limit within which you can file a lawsuit. Every state has its own set of rules and timelines for different types of cases, including medical malpractice claims. These laws are in place to ensure that cases are brought forward in a timely manner, and evidence is still fresh and obtainable.

Indiana’s Statute of Limitations for Medical Malpractice Claims

In Indiana, the statute of limitations for medical malpractice claims is normally two years from the date the alleged malpractice occurred. This means you have two years to file a lawsuit against the healthcare provider responsible for your injuries. However, there are exceptions to this rule that could extend or shorten the time limit.

Exceptions to Indiana’s Two-Year Rule

Discovery Rule: If you discover the medical malpractice after the two-year deadline has passed, you may still have a case. The discovery rule applies in situations where the injury was not discovered immediately but rather, later on when symptoms arise. In these cases, the two-year clock starts ticking from the date you discovered or reasonably should have discovered the malpractice.

Continuous Treatment: If you were undergoing continuous medical treatment from the same healthcare provider for your initial injury, the statute of limitations may be extended to three years from the last date of treatment. This exception can also apply if the continuous treatment was for a related condition or injury.

Minor Children: In personal injury cases involving minor children, the statute of limitations does not begin until the child turns 6 years old. So, if your child was injured due to medical malpractice at the age of 2, you normally have until they turn 8 to file a lawsuit.

Foreign Objects: If a foreign object (such as a surgical sponge) is left inside a patient’s body during surgery, the statute of limitations does not start until the object is discovered or should have been discovered.

Statute of Repose

In addition to the two-year and exception rules, Indiana also has a statute of repose that could impact your medical malpractice claim. The statute of repose sets an absolute deadline for filing a lawsuit, regardless of any exceptions. In Indiana, the statute of repose for medical malpractice claims is seven years from the date of the alleged malpractice, but every case needs to be looked at individually.

Why It’s Important to Adhere to Indiana’s Statute of Limitations

Failing to adhere to Indiana’s statute of limitations can result in your case being dismissed without ever being heard. This means you may lose your right to seek compensation for your injuries and damages. It is essential to consult with a medical malpractice lawyer as soon as possible if you believe you have a case.

Key Takeaway

Navigating Indiana’s statute of limitations for medical malpractice claims can be challenging, but understanding the rules is crucial. The key takeaway is that the deadline to file a lawsuit is typically two years from the date of the alleged malpractice, but exceptions may apply. To ensure your rights are protected and you have the best chance at a successful outcome, it’s crucial to seek legal advice as soon as possible.

Don’t let Indiana’s statute of limitations be a roadblock in your pursuit of justice for medical malpractice. 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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Do I Have a Valid Medical Malpractice Claim?

What to Expect from a Medical Malpractice Lawsuit in Indiana

If you have been injured due to medical negligence in Indiana, you may be considering filing a medical malpractice lawsuit. Medical malpractice occurs when a health care provider fails to provide proper treatment or advice that results in harm to the patient. If this has happened to you, it is important to know what steps are involved in filing and pursuing a medical malpractice claim.

In this blog post, we will discuss what you can expect from a medical malpractice lawsuit in Indiana. We will cover topics such as the statute of limitations for filing a claim, how liability is determined, and potential damages that can be awarded after your case has been heard by the court. Knowing these details ahead of time can help ensure that your legal rights are protected throughout the process and increase your chances of obtaining full and fair compensation for any injuries sustained due to someone else’s negligence.

Call 317-881-2700 to Speak With a Medical Malpractice Lawyer in Indianapolis.
Call 317-881-2700 to Speak With a Medical Malpractice Lawyer in Indianapolis.

Personal Injury Lawsuit Process for Victims of Medical Malpractice in Indiana

Hiring a Medical Malpractice Attorney

The first step in filing a medical malpractice lawsuit is to retain an experienced personal injury medical malpractice lawyer. Your lawyer will be able to review your case and determine whether or not you have a valid claim against the health care provider or medical facility that you believe was negligent. It is important to note that each state has its own statute of limitations for filing such claims, so it is important that you file as soon as possible after discovering any harm caused by medical negligence. In Indiana, the statute of limitations requires that a medical malpractice lawsuit must be filed within two years of when the incident occurred or two years from when the injury should have reasonably been discovered.

Documenting a Medical Malpractice Case

Once it is determined that you do have a valid claim against the health care provider or medical facility, your lawyer will begin to document your case. This will involve collecting evidence of the negligence and determining who can be held liable for the harm caused. Generally speaking, any health care provider or medical facility that was responsible for providing treatment or advice that resulted in injury is considered negligent and may be held financially responsible for damages resulting from the incident.

Proving Negligence

In addition to establishing liability in a medical malpractice case, personal injury attorneys must also prove that the defendant’s negligence caused you harm. This includes demonstrating that there is a link between the negligent act and the injury sustained by the patient. If liability is established successfully and it is determined that negligence did cause you harm, then you may be entitled to receive compensation for any damages that you incurred as a result of the incident. This may include medical expenses, lost wages, pain and suffering, or even punitive damages if there is evidence that the defendant acted with willful disregard for your safety.

Talk to a Medical Malpractice Lawyer for Personalized Advice

Filing a medical malpractice lawsuit in Indiana can be a complicated process because usually you must go through a  medical panel review process prior to filing a lawsuit but it is important to remember that you do not have to go through it alone. An experienced medical malpractice lawyer can help you understand your legal rights and provide guidance throughout the entire process. If you believe that you were injured due to negligence on the part of a health care provider or medical facility, then do not hesitate to contact an accident attorney in Indianapolis as soon as possible. They can help ensure that your case is handled properly from start to finish and help maximize the amount of compensation that you can receive for any harm caused by medical negligence.

With all the complexities inherent in filing and pursuing a medical malpractice claim, it is important to know what to expect going into it. Contact 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. We provide contingency-fee representation, so you don’t pay anything unless we successfully secure a settlement or verdict on your behalf.

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The 5 Most Common Personal Injury Cases in the United States

When you think of personal injury cases, the first thing that comes to mind is likely car accidents. And while car accidents are certainly a common type of personal injury case, they’re far from the only one. In fact, there are a number of different types of personal injury cases, each with their own unique set of circumstances and causes, as well as applicable laws.

Here we’ll take a look at five of the most common personal injury cases in the United States.

Call 317-881-2700 to Speak With a Car Accident Lawyer in Indianapolis.
Call 317-881-2700 to Speak With a Car Accident Lawyer in Indianapolis.

Top 5 Accident Cases in the U.S.

There are many types of personal injury cases, but some are more common than others. The five personal injury cases that occur most frequently in the United States are car accidents, slip and fall accidents, dog bites, medical malpractice, and wrongful death.

Car Accidents

When it comes to personal injury cases, car accidents are one of the most common. In the United States, there are around 6 million car accidents each year, and out of those, around 3 million result in injuries. There are a number of things that can cause a car accident, from driver negligence to hazardous road conditions. Some of the most common injuries that occur in car accidents include head injuries, neck injuries, back injuries, and spinal cord injuries.

If you have been injured in a car accident, it is important to seek medical attention right away. Once you have been treated for your injuries, you want to talk to an Indiana personal injury lawyer about your case. A qualified car accident attorney in Indianapolis can help you file a claim or lawsuit against the person or company responsible for your accident and can help you get the compensation you deserve.

Slip, Trip, and Fall Accidents

Slip, trip, and fall accidents are the most common personal injury cases in the United States. These accidents can occur anywhere, from a grocery store to a neighbor’s home. If you have been injured in a slip, trip, or fall accident, it is important to seek medical attention as soon as possible. You may also be eligible for compensation for your personal injury, so contact an experienced Indianapolis slip and fall attorney who can help you with your case. With their help, you may be able to receive the compensation that you deserve for your personal injury.

Dog Bites

Dog bite accident cases are also one of the most common personal injury cases in the United States. In Indiana, dog bite law is governed by the state’s negligence laws. A dog owner can be  liable for injuries their dog causes if they were not exercising reasonable care to prevent the injury and/or if their dog had bitten someone else before, among other reasons. This includes keeping the dog restrained or leashed when in public, and properly securing the dog’s enclosure. If you have been injured in a dog bite accident, it is important to speak with a seasoned Indianapolis dog bite lawyer as soon as possible. Your lawyer will be able to help you file a claim and negotiate with the defendant’s insurance company.

Medical Malpractice

Medical malpractice is one of the most common personal injury cases in the United States. It can happen when a doctor, nurse, or other medical professional provides substandard care that results in harm to the patient. Patients who have been injured as a result of medical malpractice may be able to file a lawsuit to recover damages. Some of the most common types of medical malpractice cases include:

1. Failure to Diagnose or Misdiagnosis
2. Improper Treatment or Surgery
3. Prescription Errors
4. Birth Injuries
5. Wrongful Death

Medical malpractice cases can be complex and require a knowledgeable medical malpractice lawyer in Indianapolis to help prove negligence on the part of the healthcare provider. An experienced attorney will be able to assess your case, build a strong legal strategy, and work to obtain the maximum compensation you are entitled to.

Wrongful Death

Wrongful death is a type of personal injury case that arises when a person dies as a result of the negligence or wrongdoing of another person or company. Wrongful death cases can be extremely complex, and it is important to have an experienced attorney representing you. If you have lost a loved one due to someone else’s negligence, contact a licensed Indianapolis wrongful death lawyer as soon as possible to discuss your legal options. They can help you understand the process and provide you with options for recovering compensation for your loss. Wrongful death cases can sometimes be difficult to prove, so it is important that all the facts are thoroughly investigated and documented. An experienced personal injury attorney will be able to review the evidence, document a strong case, and pursue justice on behalf of your family.

Conclusion

No matter the situation, personal injury cases should not be taken lightly and it’s important to seek the help of an experienced attorney if you have been wrongfully injured in a personal accident case. An attorney can provide you with guidance and work hard to ensure that your rights are protected throughout the entire process.

Are you looking for a trusted civil lawyer in Indiana who can give you the best advice regarding your accident case? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation with a highly experienced accident lawyer in Indianapolis, Indiana. We represent clients throughout the state, as well as Indiana residents injured in other states and residents of other states injured here in Indiana. 

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Do I Have a Valid Medical Malpractice Claim?
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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.

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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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Injured from a Defective Surgically-Implanted Medical Device?

What You Need to Know if You Were Injured By a Defective Implant

Many patients are recipients of surgically implanted medical devices, such as hernia meshes, IVC filters, and artificial joints. But when these devices are defective and cause serious injuries to the patient, who is responsible for the damages? It is often assumed that a defective implant injury is a medical malpractice case, but really, it is usually more likely a product liability case.

Continue reading to learn the difference between product liability and medical malpractice liability, as well as the most common types of implant defects that can cause serious injuries to patients.

Product Liability Lawyers Indianapolis IN 317-881-2700
Defective Product Lawyers Indianapolis IN 317-881-2700

Product Liability and Medical Malpractice

When a surgically implanted medical device is inserted in a patient, so long as their medical teams and doctors were not negligent in the process, they are not liable for any defects that occur within or from the device. In such a case, it is most likely the manufacturer’s fault. If the health care provider was negligent or careless in some way, and their negligence was a responsible cause of a patient’s injuries, they too could bear responsibility for their negligence.

So long as the health care provider acted reasonably and in line with the medical standard of care, they would not be responsible for a defective medical implant.

If the medical device is defective or dangerous, and the patient is harmed as a result, the manufacturer would be liable, and a product liability case could be pursued.

Medical Implant Defects and Liability

There are several different types of liability when it comes to defective products and their manufacturers. As for surgically implanted medical devices that are dangerous and defective, there are 3 types of liability:  design defects, manufacturing defects, and marketing defects.

Design Defects – When a medical device is manufactured correctly, but the design of the device is intrinsically dangerous, it is considered a design defect. In the case of surgically implanted devices, design defects are not a common occurrence. Most often, medical devices are not accused of design defects but it can and does happen.

Manufacturer Defects – When a medical device is designed properly, but the manufacturer does not adhere to the specifications of the design and/or manufacturers it incorrectly, it is deemed a manufacturing defect. In these cases, the incorrect manufacturing prevents the device to work as intended, thus causing serious harm to recipients of the device.

Marketing Defects – A marketing defect can occur when a medical device’s instructions or advertising campaigns are incorrect, thus posing dangers to patients. For instance, if a medical device manufacturer fails to warn recipients about possible side effects or any concealed dangers that can result from using the device, this could be deemed a marketing defect.

Do you believe you or someone you love is a wrongful victim of a defective product? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your eligibility for pursuing a product liability claim in Indianapolis, today. We represent clients all throughout the state of Indiana.

You Might Also Read:

Who is Responsible for a Defective Product that Causes Injury to a Consumer?
Product Recalls that Have Gone Down in History
Is Market Share Liability Still Used in Product Liability Cases?

Indianapolis Personal Injury Lawyers 317-881-2700
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What To Do if You Suspect Nursing Home Abuse or Neglect

When you suspect misconduct or abuse in your loved one’s care facility, it is important to take action fast before any more harm can be done. But many people are insure how to investigate or report nursing home abuse to the proper authorities.

If you are concerned that a loved one is being mistreated or neglected at their live-in care facility, continue reading to learn how to spot the signs, where to report your concerns, and what legal options you might have for recovering compensation for your and your loved one’s damages and losses.

Indianapolis Nursing Home Neglect Lawyers
Indianapolis Nursing Home Neglect Lawyers 317-881-2700

Nursing Home Abuse

Nursing home and live-in care facility abuse can come in many forms and in various environments. However, virtually all forms of nursing home abuse fall into one or more of four primary categories: financial abuse, physical abuse, emotional abuse, and financial exploitation. Within these primary categories lies a long list of possible misconducts and neglectful actions.

Most often, neglect plays a major role in all these situations; and although it can also come in many forms, neglect is basically a failure to provide adequate food, shelter, clothing, hygiene, and/or health care for a resident. It is also important to note that such situations of live-in care facility neglect can happen to non-elderly individuals, such as those with mental and physical handicaps and special needs.

Nursing Home Abuse Statistics

According to a study conducted and documented by the National Center on Elder Abuse (NCEA) in 2000, of all the nursing home residents surveyed, 44% claimed they had experienced some form of abuse or maltreatment within the past 12 months. In the same study, more than 95% of the residents interviewed stated they have witnessed some form of neglect or suffered neglect themselves within the past year. Even more troubling, the National Center on Elder Abuse also reported that 1 out of 24 cases of nursing home neglect and abuse are actually reported.

Signs of Nursing Home Mistreatment

There are numerous signs to look out for if you suspect that a resident is being mistreated or neglected in some way at their live-in care facility. Signs of physical or sexual abuse are easier to identify, as they often come in the form of bruises, wounds, broken bones, depression, fear, anxiety, social withdrawal, and even unexplained sexually transmitted diseases. Mental and emotional abuse are a bit more challenging to spot unless you take a closer look. Signs of emotional abuse can reveal itself in the form of fear, anxiety, depression, mood swings, lack of energy, withdrawal from social circles, and similar uncharacteristic changes in behavior.

Signs of financial abuse and exploitation can also come in many forms. If a care giver withholds affordable amenities and comforts in their dwelling, or has control over one’s finances but fails to provide for their ward, it is a form of abuse. Other signs a victim might show include uncharacteristically excessive gift-giving, financial payouts for companionship, signing over power of attorney or will without understanding the transaction, and similar actions.

Basic neglect entails conditions and actions such as:

Failure to provide…

► Basic hygiene or appropriate clothing;
► Appropriate clothing;
► Nutritional food;
► Medical aids (i.e. Glasses, cane, walker, dentures, hearing aid, or medications);
► Clean and safe dwelling;
► Adequate facilities (i.e. kitchen appliances, HVAC, plumbing, electricity)

Actions such as….

► Leaving a resident with dementia unsupervised;
► Confining a resident in bed without care;
► Not treating bed sores or pressure ulcers;

How to Report Nursing Home Abuse

If you feel that your loved one’s situation or condition is an emergency, contact 911 right away.

If you strongly suspect that your loved one is not being adequately cared for in their nursing home or live-in care facility, your first priority is to get in touch with a professional who can represent your family’s best interests. You can choose to contact Adult Protective Services (APS), or visit the National Council on Child Abuse and Family Violence website for a list of elder abuse reporting hotlines in Indiana. You also have the option of using the U.S. Administration on Aging Eldercare Locator, which can connect you to services for elder care and more.

Once you know your loved one is safe, contact a nursing home abuse lawyer for information on your rights to recovering compensation for your damages and losses, such as medical bills, hospital expenses, lost wages, prolonged therapy, restitution, and more.

Indiana Elder Abuse Lawyers You Can Trust

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed Indiana nursing home neglect lawyer about your loved one’s live-in care facility conditions and experiences. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are well-versed and experienced in elder abuse law. We offer free initial consultations to discuss your case and determine if you are entitled to remuneration for your family’s damages. Also, we never collect lawyer fees unless we prevail for you!

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Personal Injury Accidents That May Also Have Criminal Penalties

Criminal law involves crimes prosecuted by the state or federal government, rather than a private party or person. Criminal violations, like felonies and misdemeanors, are subjected to state and federal punishment; therefore, guilty individuals face jail time, probation, governmental fines, and in extreme cases, the capital punishment.

In contrast to criminal law, civil law is the area of the American legal system that manages disputes or wrong-doings between private parties and prosecuted by private parties most usually. A common example of such cases involve personal injuries. If someone is wrongfully injured by another person demonstrating negligence or malicious intent, they can ask the court or jury to decide who is at-fault and if the negligent party should pay remuneration to the injured person.

When it comes to tort law, or personal injury law, some accidents can render both civil and criminal consequences for the at-fault party. Continue reading to learn some examples of when an individual may also face state or federal charges for carelessly causing an accident that results in someone’s injury or harm.

Personal Injury Attorney Law Firm
Personal Injury Attorney Law Firm 317-881-2700

Civil and Criminal Lawsuits

Although murder is a crime against a person, the crime itself goes against state and federal law, therefore making it a criminal case, in addition to a civil one. These cases usually go to a jury trial where defendants are prosecuted by the state. In criminal litigation, defendants are allowed to appoint their own attorney, or have one appointed to them by the state if they cannot afford to pay for one themselves.  In the case of murder or homicide, the family of the victim may be able to pursue a wrongful death claim in civil court, and collect compensation for their loss, whether a child, spouse, or relative.

Additional Examples:

Car Accidents – If a person is driving recklessly or illegally, such as underage or intoxicated, and they seriously injure or kill another person as a result, the victim or their family can seek compensation for their losses and damages in civil court. Furthermore, the state may choose to press charges against the driver for criminal offenses, including operate a vehicle under the influence and causing bodily injury.

Negligent Supervision – If someone is guilty of negligent supervision, they may face both civil and criminal penalties if their actions are deemed criminal, such as in the case of child abuse, child negligence, manslaughter, nursing home abuse, and more.

Sexual Harassment at Work – If a person is being sexually harassed at work, they may be able to pursue a claim if the situation was ignored or not properly addressed by management. Furthermore, the wrongful party could face criminal penalties if the sexual harassment was criminal in nature, such as rape, sexual misconduct, voyeurism, and more.

Medical Malpractice – If a doctor or clinic negligently causes injury or death to a patient, they could be sued in civil court by the victim or their family, as well as, be charged criminally if their offense was intentional, egregious, or falls under manslaughter.

The circumstances among each case of personal injury victims vary greatly, especially when it comes to penalizing an at-fault party criminally. Always discuss your questions and concerns with a seasoned Indiana personal injury lawyer you can trust. They will be able to provide the best advice on which course of action you and your family should take after suffering the consequences of a serious injury.

Indiana Personal Injury Attorneys

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700, and located in Indianapolis, Indiana, if you or a loved one was recently hurt in a serious accident in Indiana. Our personal injury attorneys offer free initial consultations to sit down and assess your case. If we feel that you are entitled to compensation for your injuries, we begin working on your case immediately, without charging a dime. If we do not prevail for you, you will not owe our law firm any payment. We are the strong voice and immediate action you need for your personal injury lawsuit.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700