What is a Reservations of Rights Letter?

Posted on June 1, 2015 by admin

Once a personal injury victim files a claim with or against an insurance company, the first document they will send to the insurance adjuster is called a demand letter. The first document they might receive from the insurance provider is called a “reservations of rights” letter. This letter is sent by the insurance company before the negotiations process begins. Continue reading to learn what this letter is and how it is used in personal injury litigation.

Reservations of Rights

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When victims receive a reservations of rights letter from the insurance company they are filing a claim with, they can feel a sense of anxiety due to misconception of its contents. Many believe that the insurance carrier is claiming they are not going to cover a victim’s damages, when in fact, this is not the case. A reservations of rights letter simply conveys to the claimant that the insurance provider “reserves the right” to not pay for anything if the accident is not covered under their policy. It also informs the claimant that they are still going to investigate the case to determine liability.

Insurance companies send these letters to claimants in order to protect themselves from future legal conflicts. This informs claimants that although they are starting an investigation, they are not acknowledging fault or promising coverage. They also express that remuneration is not guaranteed at all unless their investigation proves the accident is covered under their particular policy. Most often, this letter is meant to slightly intimidate claimants, in hopes that they decide to take a quicker and lower settlement and avoid going to trial.

Personal injury victims or claimants needn’t be nervous about a reservations of rights letter. They still have an obligation to investigate a claim and provide terms of settlement if the accident and injuries are covered under policy. Keep in mind that insurance companies fervently attempt to pay out the lowest possible compensation to victims, which is why it is important to hire a licensed personal injury attorney for aggressive and effective representation. They can recover the full and fair compensation a victim or their families deserve.

Indianapolis Personal Injury Law Firm

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, are seasoned accident lawyers with extensive trial and litigation experience. They offer free initial consultations and never collect attorney fees unless they prevail for you. Call 317-881-2700 and schedule a consultation to discuss your accident with a licensed personal injury lawyer in Indianapolis, IN.

What is the Difference Between Criminal and Civil Penalties?

Posted on May 26, 2015 by admin

There are two primary categories of law within our country’s legal system, civil law and criminal law. Within both categories, legal penalties can ensue for any guilty parties. To understand civil penalties and criminal penalties, it is best to first review what civil and criminal cases are defined as under law. Continue reading to learn about civil and criminal cases, their penalties, and their differences.

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Civil and Criminal Cases

Civil cases are cases in which a person, company, organization, or corporation files a legal complaint against another entity; that entity being any of the above mentioned as well. Civil cases generally deal with legal disputes between private parties, or negligent acts that resulted in injury or damages. The party filing the complaint in a civil court is called the plaintiff, while the party responding to the complaint is the defendant. This process is called litigation. In civil litigation, the plaintiffs ask the courts to “right” a wrong-doing by the defendant. This usually means paying some form of remuneration or compensation to the plaintiff party, or some other form of civil penalty.

Criminal cases deal with actual crimes committed by a defendant, rather than “civil wrong-doings.” These cases are filed by the government, often times the State, and are represented by a state prosecutor. Regular citizens cannot file a criminal lawsuit against a defendant; they instead, can only report the crime and leave the rest up to the ruling branch of government. A defendant will be found guilty or not guilty by the state, with a guilty ruling resulting in criminal penalties.

Civil and Criminal Penalties

Crimes are acts that prohibited and punishable by the government, and fall into two main categories depending on their seriousness: felonies and misdemeanors. Felonies are the more serious types of crimes, rendering jail time of one year or more, and misdemeanors are less serious crimes, rendering sentences less than a year. Examples of criminal cases include murder, assault, battery, armed robbery, theft, arson, embezzlement, and similar crimes against society that affect public safety.

Criminal penalties are those that penalize defendants for committing such crimes. Criminal penalties mostly include capital punishment (death penalty), jail time, incarceration, probation, legal fees, revocation of certain licenses, loss of certain rights, loss of citizenship, retribution, rehabilitation, and more.

Civil “wrong-doings” are acts that cause another person or entity harm, damage, or trouble. Examples of civil cases include personal injury lawsuits, fraud, negligence, breach of contract, harassment, and other similar wrong-doings. In contrast to criminal penalties, civil penalties generally involve monetary payment, or a court order to do something or not do something (i.e. a corrective action or restraining order). Also in contrast to criminal penalties, civil penalties are handed down by a judge, or settled out of court by opposing insurance adjusters.

Consult a licensed personal injury attorney right away if you believe you or a loved one is a recent victim of a civil wrong-doing or negligent accident. You may be entitled to compensation for your damages. Damages include but are not limited to: lost wages, pain and suffering, medical expenses, hospital bills, prolonged rehabilitation, and much more.

Indianapolis Personal Injury Lawyers

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a personal injury claim in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek retain extensive experience practicing personal injury law. They are seasoned accident lawyers that can prevail for you and your family following a serious injury, accident, or loss. You may be owed compensation for such damages and more. We offer free initial consultations and never collect attorney fees unless we recover for you. Call 317-881-2700 to speak with Indianapolis personal injury lawyers that truly care.

Explanation of Negligence Per Se Claims

Posted on May 19, 2015 by admin

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In a standard personal injury case, a plaintiff or their legal team is obligated to establish a defendant’s “duty of care”, prove that there was a “breach” of the duty, and then demonstrate how this negligence caused the plaintiff harm or damages. In a “negligence per se” case, there is no need to prove or establish any of these facets since negligence per se already suggests negligence was at play. Continue reading to learn what this means and examples of such cases.

Negligence Per Se

Negligence per se is a “cause of action” claim that suggests a person acted negligently, causing harm to another, by violating a law (criminal, not civil) that is set to protect people for that specific reason. Speed limits are a perfect example of laws set in place to protect the public. If a person were to ignore a speed limit, exceed it, and then cause an accident that harms another person, they can be held accountable under negligence per se laws.

The plaintiff party would have to first show that the defendant broke the law, which is fairly concrete. Then the case can move onto proving how violation of that law caused the victim harm. The negligent act had to have caused the type of harm the law was intended to prevent specifically, like in the case of reckless driving and motor vehicle accidents. And the victim has to be part of the “class” the law was set to protect; in this case, the public class.

To Prove Negligence Per Se, the Following Four Facts Must Be True:

1. A Safety Law was Violated

2. The Violated Law is Punishable By Criminal Penalty, Not Civil Penalty

3. The Violated Law is Set to Protect the Public from the Type of Injury Inflicted

4. The Injured Victim is a Member of the Class that the Violated Law Protects

Other examples of common negligence per se claims include buildings codes, city codes, health and safety codes, intoxicated driving, blatant medical malpractice (i.e. refusing emergency care, removing incorrect organ, practicing without a license, etc.), and more. States and jurisdictions vary in the use and application of negligence per se claims. Depending on your state or jurisdiction, the process can differ greatly. It is recommended to hire a licensed personal injury attorney that concentrates on the accident you or your loved one experienced so that your family’s rights are protected. A seasoned accident lawyer can help families recover the full and fair compensation they deserve after being injured as a result of another person or entity’s carelessness.

Craven, Hoover, and Blazek P.C.

Personal Injury Law Firm Indiana — Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed Indianapolis personal injury lawyer you can trust. Partners, Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned personal injury attorneys that focus on several practice areas; including motor vehicle accidents, slip and fall accidents, dog bites, workers’ compensation, and more. We never collect lawyer fees unless we prevail for you. Call 317-881-2700 to file a personal injury claim in Indianapolis, IN today.

Personal Injury Settlement Checks

Posted on May 12, 2015 by admin

When a person is injured in an accident and sues for compensation, upon winning their case they should receive a financial settlement in the form of a check. This can take up to two years depending on the number of appeals, which is a common occurrence for personal injury lawsuits. Continue reading to learn about the process behind receiving a financial settlement after winning a personal injury lawsuit and more.

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Order of Settlement

After a case is settled or a trial is won, a personal injury lawyer has the responsibility of relaying this information to the court. When the court is informed that a case has been settled, they issue an “order of settlement”, which obligates both parties to completing a series of settlement paperwork. Depending on the state or the court, this paperwork must be completed and returned to the court within 30 to 60 days. One of the most vital components to the settlement paperwork is the release.

Release Documents

The defense attorney is responsible for preparing the release document. It is a document that underlies and sets forth all the terms of the settlement. Although this document can be narrowed down to a few short pages, it is common for defense attorneys to take their time on a release document, filling it with thick legalese reaching up to 20 pages long or more. Upon completing this release document, the defense lawyer will send it to the plaintiff’s lawyer for approval.

A release can be completely honest and direct, or it can be quite objectionable. This is why the accident attorney needs to approve it before it is finalized. This segment of a personal injury settlement can take some time because both attorneys have to come to an agreement. It can take days or even weeks to come to a reasonable consensus, delaying the entire settlement process. But in the case that the two attorneys cannot agree on the release, they will ask a judge to make the decision for them.

Now, when the release is agreed upon by both lawyers, the personal injury lawyer will send the release document to their client to review it and sign it. It is common for clients to do this in the presence of a licensed notary, perhaps in triplicate, for this part of the process. It is important for injured clients to carefully read through the release and asking their lawyer any pertinent questions about the document before adding their signature in front of a public notary. This is because there is no opportunity to alter this document once it has been signed and sent back to the defense attorney.

The Settlement Check

A settlement check is sent directly to the client’s lawyer, not the client or their insurance company. Again, this can take a couple of years to actually receive in the mail, depending on the amount of appeals and the productivity of the appellate court. This check generally will have the names of both the client and the attorney. This means it will need to be endorsed by the client before it can be deposited into their lawyer’s client-trust account. Once in this account, the lawyer will deduct their share of the settlement, which should have been negotiated at the time of hire. Another check will be issued by the law firm to the client of the remaining settlement amount.

Clients should ask their attorneys for a copy of the settlement check, or all checks totaling the settlement amount, sent by the insurance company, as well as, a financial breakdown sheet of the settlement, BEFORE the check is deposited into an attorney client trust account. This is the lawful right of every personal injury client.

Craven, Hoover, and Blazek P.C.

Craven Hoover Blazek Personal Injury Law 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 and speak with a personal injury lawyer in Indianapolis about filing an accident claim, today. Lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek are highly accomplished, seasoned accident attorneys with extensive trial and litigation experience. Our law firm offers free initial consultations and never collects lawyer fees unless we win your case. Call 317-881-2700 to file a personal injury claim in Indianapolis, IN today.

Advice Regarding Slip and Fall Personal Injury Claims

Posted on May 6, 2015 by admin

Indianapolis Slip and Fall Lawyers 317-881-2700

Slip, trip, and fall claims are prevalent in the world of personal injury law. Accidents like this happen when a person slips, trips, or falls, and seriously injures themselves, as a result of a particular hazard on other person or company’s property. Several hazards can cause these kinds of accidents to occur on private or public property, such as puddles, spills, leaks, torn carpeting, poor lighting, and more.

If you or a loved one was recently injured in a slip and fall accident on another person’s property, it is vital to consult a reputable and experienced personal injury lawyer that concentrates on these types of accident cases. They retain the proper resources and knowledge, as well as, litigation and trial experience, to represent slip and fall victims in order to recover full and fair compensation for their damages.

Continue reading for more free advice regarding slip and fall injury accidents, claims, and lawsuits.

Slip and Fall Accident Claims

Anyone who is seriously injured from a slip and fall accident on a property other than their own could very well have a valid personal injury claim. Determining a claim’s validity and proving fault involves several variables and extensive investigation. A judge, jury, or insurance company must be convinced that the owner of the property was negligent in some way that caused the hazardous condition to exist, and that the victim used reasonable care and could not foresee the hazardous, thus preventing injury. Again, many variables goes into finding fault, proving fault, and more. This is why it is vital to hire a proficient personal injury law firm to facilitate a slip and fall case effectively.

Indianapolis Accident Lawyers 317-881-2700 — Indianapolis Slip and Fall Lawyers 317-881-2700

Property owners have a responsibility to keep their premises safe for visitors and guests. They can be at-fault for a slip and fall accident if they knew about, or should’ve known about, a hazardous condition and neglected to address it. However, there are circumstances to slip and fall accidents in which the victim is at-fault and does not have a valid legal claim against another property or company. An example of this situation would be if a woman wearing high-heels on a snowy day walks into a grocery store displaying “wet floor” signs everywhere happens to slip and fall in a puddle of melted ice.

She would have a very weak case because she did not use reasonable care by wearing unfitting shoes in poor weather, as well as, ignoring wet floor signs that indicated a potentially hazardous condition. The grocery store did their part in this example by displaying wet floor signs to warn customers that the floor is slippery and to walk with caution. And there are certain elements in the law that protect property owners, under certain circumstances, from hazardous conditions caused by weather, or conditions they cannot reasonably prevent.

Filing a Slip and Fall Claim

If you or a loved one recently suffered serious injuries as a result of a slip and fall accident on another person’s property, you have the option of filing a slip and fall claim. During this filing process, evidence will be requested to prove that the owner of the property should have known, or did know, about the hazard that caused the accident to occur. To do this, hire a personal injury attorney that has experience in slip and fall lawsuits. They will provide comprehensive representation for all aspects of your slip and fall lawsuit. They can obtain compensation for damages related to your accident and injuries.

As for property owners, it is strongly encouraged to purchase insurance policies that protect you from paying out-of-pocket for slip and fall accident settlements. This is especially important for commercial properties, business owners, and offices. In addition to third-party insurance, simply implementing certain strategies and precautions can better protect visitors from harm, and safeguard property owners in the case of a slip and fall accident.

Craven, Hoover, and Blazek P.C.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a slip and fall accident claim in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek, as well as their proficient legal teams, are extensively experienced in slip and fall injury cases. They are happy to assess your case and determine if you have a valid legal claim. They offer free initial consultations and never collect lawyer fees unless they recover the full and fair compensation you and your family deserves. Call 317-881-2700 to schedule your free initial consultation today, and learn your rights following a slip and fall accident in Indianapolis, IN.

Does Indiana Use the “One Bite” Rule for Dog Bite Accidents?

Posted on April 27, 2015 by admin

Many states offer limited liability protection for dog owners in the case that their dog bites or attacks someone for the first time. If there is no history of aggression or violence, or the dog has never bitten or attacked anyone or another animal, then courts give the owner the benefit of not having full liability in the accident. This is often referred to as the “one bite rule” and is applied in cases in which there was never reason to believe a dog was a danger to anyone.

The one bite rule, however, does not eliminate all liability for a pet owner in the case that their dog bit or attacked another person or animal, it simply offers a degree of relief when it comes to legal liability for damages. In contrast to the one bite rule, Indiana uses “strict liability” in dog bite and attack cases. Continue reading to learn more about strict liability and dog bite accidents in Indiana.

Call 317-881-2700 When You Need a Dog Bite Lawyer in Indiana

Strict Liability in Dog Bite Cases

In Indiana, is a person’s dog attacks or bites another without any provocation, the owner of the dog is “strictly liable” for all damages and losses incurred by the victim. The Indiana Code 15-20-1-3 decrees that no matter what a dog’s history is, if it attacks or bites someone, the owner of the dog is entirely responsible for the accident, as well as, liable for the injured person’s damages.

In the case of a dog bite or attack, potential or likely damages include pain and suffering, lost wages from time off work, medical expenses, hospital or emergency room bills, multiple surgeries, rehabilitation, prolonged suffering, permanent disfigurement, permanent scarring, PTSD, mental anguish, and more.

Get Help From a Dog Bite Lawyer Today

If you were recently attacked or bitten by a dog while peaceably on public property or legally on private property (i.e. A friend or neighbor’s house), and did nothing to provoke the dog to hurt you, contact a licensed personal injury lawyer right away. In Indiana, victims of personal injury accidents have two years from the time of the accident to legally file a claim and have a court hear your case. Be sure to act within this time-frame in order to recover the full and fair compensation you deserve.

Craven, Hoover, and Blazek P.C.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a dog bite injury claim in Indianapolis, Indiana. We offer free initial consultation and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to speak with a friendly and knowledgeable personal injury lawyer in Indianapolis, IN today.

Can an Injured Employee Collect Unemployment and Temporary Total Disability Benefits if Laid Off?

Posted on April 21, 2015 by admin

Workers Compensation Lawyer 317-881-2700

A few years ago, the Indiana Court of Appeals made a ruling regarding injured employees and workers compensation. They ruled that an injured worker can still receive workers’ compensation benefits even after collecting unemployment during the same time-period, so long as the total amount of unemployment is deducted from the total benefits collected once a settlement is reached. Please continue reading to review an example of such case and learn more about injured victims’ rights.

TTD Benefits Versus Unemployment

A mechanic is injured on the job and takes medical leave while collecting temporary total disability benefits (TTD), or workers’ compensation. The mechanic, although still in pain and disabled, is cleared by a doctor to return to work. When the mechanic does return to work, he finds that he is still in too much pain to perform his vocational duties. And then the shop owner closes the shop and lays off all employees. So what does the mechanic do now? Well he files for and collects unemployment, naturally.

But as he is beginning a new job at a new shop, he realizes that he just can’t do the same nature of work as he used to with all the pain and discomfort he’s experiencing. So for this reason, he has to leave the workforce a second time. At this point, the mechanic sees a doctor for an independent medical exam (IME). During this exam, the physician finds that the mechanic is currently, and has remained, disabled from the time of his initial injury. So now the mechanic, although still collecting unemployment, needs to collect additional TTD benefits as well. Employers are not fans of this. They will fight tooth and nail to avoid paying any additional workers’ compensation to injured employees, especially if they are already collecting unemployment. However, there is a solution for this.

The courts view on such a scenario is that an injured worker CAN be eligible for both unemployment and TTD benefits at the same time, but can only receive one. In this case, the mechanic could be awarded TTD benefits from their employer so long as the total amount of unemployment paid is deducted. Unemployment must be deducted otherwise the employer can contest that the worker was already being paid unemployment and looking for new work. So if a worker is still injured but collecting unemployment, they can argue for TTD later, with the help of a skilled personal injury lawyer.

You see, many Indiana workers are injured on the job, and then laid off while collecting TTD benefits. But once the lay-off happens, many employers are slow to continue paying any TTD benefits, so injured workers resort to filing for unemployment because it’s faster and they need the financial support. But this is not fair, and TTD benefits can be fought for with a fervent legal team on your side.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for help with workers’ compensation claims in Indianapolis, Indiana. Attorney, Daniel Craven, and the team of licensed personal injury attorneys here at our law firm are eager to help injured victims recover the full and fair compensation they deserve. We offer free initial consultations and never collect lawyer fees unless we win your settlement. Call 317-881-2700 and speak with a licensed personal injury lawyer in Indianapolis, IN today.

Types of Secondary Liability

Posted on April 14, 2015 by admin

Personal Injury Lawyers 317-881-2700

Secondary liability is also referred to as indirect infringement. It is best defined as a legal obligation, forcing an individual to assume responsibility for another person’s act or behavior. Examples of secondary liabilities include principle liability, employers’ liability and parental liability. There are several other types as well, such as ecclesiastical corporation liability, enterprise liability, and much more; but these cases are generally infrequent and more complex.

The more common types of secondary liability are contributory liability and vicarious liability. These are the primary cases of secondary liability seen in courts today. No matter which type of secondary liability case in question, the underlying factor for each is indirect infringement. Continue reading to learn more about vicarious and contributory liabilities, and where to find professional legal counsel you can trust.

Vicarious Liability

You will find vicarious liability under respondeat superior doctrine, under common law. It decrees the legal responsibilities of any person in a superior role, such as leaders, executives, managers, supervisors, bosses, directors, whole corporations, companies, and more. It makes clear that they are legally responsible for the actions of their teams or employees. An example of a vicarious liability case would be if a parent or guardian fails to properly supervise their child, allowing the child to access the home’s handgun and accidentally shooting and injuring another person. The parents would be held legally accountable for their child’s actions, as well as, the victim’s damages.

Contributory Liability

Contributory liability holds a third party legally responsible for anothers actions, even though they were not actually committing an infringement directly. If a person has knowledge of, benefits from, enables, contributes, or influences another person’s transgression, they too can be held legally responsible under contributory liability. An example of contributory infringement would be if someone loans another person a gun, and that person uses the gun to commit a crime, the loaner of the gun can be held legally responsible for the infringements involving the gun under contributory liability.

Craven, Hoover, and Blazek P.C.

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your rights following a personal injury in Indianapolis, Indiana. Daniel Craven, and his partners, are licensed and experience accident attorneys that are eager to help victims and their families recover the full and fair compensation deserved. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 for personal injury claims in Indianapolis, IN today.

Types of Legal Guardianship

Posted on April 8, 2015 by admin

Personal Injury Lawyers 317-881-2700

In the case that an adult cannot make decisions for themselves, whether mentally or medically incapacitated, the state provides laws that allows an appointed individual to make decisions for them. These individuals are referred as guardians or conservators, and the people they are making important decisions for are referred to as wards. A person can be determined “incapacitated” when they lack the capacity to make responsible decisions regarding their life.

There are actually seven basic forms of legal guardianship, all of which we will define and discuss in this blog. Continue reading to learn more about the seven types of legal guardianship, and who to talk to for more information pertaining this topic and more.

Guardians and Conservators

In many states, these two terms are used interchangeably; however, in other states, the terms are used to describe a separate set of agendas. For example, a guardian has the power to make decisions for the ward, while a conservator is in charge of a ward’s property, assets, and finances. These roles are also referred to as “guardian of estate” or “guardian of person.”

Some wards require complete guardianship over all aspects of their lives, while others need less. Some wards are capable of managing themselves, but need help managing finances and property. Other wards require several types of guardianship, and retain it through a set of individuals, each responsible for a certain aspect of the ward’s life. Here are the seven most common types of conservatorship:

Limited Guardianship

In the case that a ward can make some, but not all, decisions for his or her life, they will be appointed a conservator with limited guardianship. This guardian has restricted control of a ward’s life.

Plenary Guardianship

Quite the opposite of limited guardianship, plenary conservatorship gives a person complete control of a ward’s life, property, and finances.

Short-Term Guardianship

If a legal guardian needs a person to stand-in for a short amount of time, they can appoint a “short-term” guardian without legal consent from court or judge. For example, if a guardian has to serve jury duty or be hospitalized, they can appoint a replacement guardian for a temporary amount of time.

Temporary Guardianship

In contrast to short-term conservators, temporary guardianship is used for cases of extreme and immediate emergencies. A person appointed as temporary guardian usually only retains the role for no more than 8 weeks; however this varies from state to state.

Testamentary Guardianship

A legal guardian can name another person in his or her will that will be their successor as legal guardian to a particular ward. This does require court approval.

Successor Guardianship

In the case that a legal conservator resigns, dies, or becomes incapable of fulfilling their role as guardian, a successor guardian is appointed. This person is either named in the original guardian’s will, or is appointed afterwards.

Standby Guardianship

When a new guardian has to be appointed, a standby guardian steps in for immediate backup. Until the legal documents and court approvals are complete, the standby guardian fills-in so there is no gap between conservators.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers Indianapolis, Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for personal injury claims in Indianapolis, Indiana. Attorneys, Daniel Craven, Keith Blazek, and Ralph Hoover retain extensive trial and litigation experience in accident law. We offer free initial consultations and never collect lawyer fees unless we win your case. Call 317-881-2700 to learn more about filing a personal injury claim in Indianapolis, IN today.

Understanding Medical Consents

Posted on April 1, 2015 by admin

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

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.