Is a Misdiagnosis Considered Medical Malpractice?

Posted on October 4, 2022 by admin

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 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.

Do I Have a Valid Medical Malpractice Claim?

Posted on August 2, 2022 by admin

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

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.

The Facts About Physician Liability

Posted on May 24, 2016 by admin

Medical Malpractice Lawyers 317-881-2700

When undergoing surgeries or medical treatments, it is possible that something can go wrong. But this doesn’t mean it is automatically the fault of a physician or surgeon, nor does it mean you have a medical malpractice case on your hands. This is especially true for operations and procedures that are explained as very serious, high-risk, or likely to fail. In other cases, when hospital or doctor negligence causes a wrongful death or prolonged debilitation, a medical malpractice suit may be valid.

Patients and their Doctors

As patients, we are often intimidated by our physicians and try to avoid questioning or challenging them at all costs. But this is not always a good thing. It is important to trust your body more than you trust your doctor, and if it is not healing the way you feel it should, it is okay to speak out and ask questions. Ask to see a specialist, or request extra testing or examination. Also, never be afraid or wait too long to get a second opinion. It is important to know what is normal to experience after a certain operation, and what’s not.

Indianapolis Accident Lawyers 317-881-2700

When patients experience complications after a medical procedure or operation, they often times believe their troubles are simply related to their rehab or healing. But for serious debilitating ailments to exist after surgery or procedures, it may not always be normal. Even if a consent form was signed at the hospital, a physician is still legally mandated to provide a certain standard of care for their patients.

If a doctor fails to do this for his or her patient, they may be guilty of medical malpractice. And if someone dies after being cared for in a hospital, or after a procedure, it is likely a medical malpractice case; unless of course, the procedure was explained to be high-risk and have a small chance of success. In such a case, because it was the patient’s choice to move forward with the procedure, a physician nor hospital would be liable for their death.

Medical malpractice is a complicated case to prove. It requires a skilled and experienced personal injury lawyer to render a full and fair settlement following a botched medical procedure or operation. Personal injury attorneys retain years of litigation and trial experience, and fight fervently for their clients’ rights to compensation. Be sure to choose a practice or lawyer with experience and wonderful client reviews. This can better shine a light on their credentials and accomplishments within their communities.

Indianapolis Medical Malpractice Lawyers

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a medical malpractice claim in Indianapolis, Indiana. Personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience. We offer free initial consultations to assess your case and never collect attorney fees unless we prevail for you! Call 317-881-2700 and speak with a licensed medical malpractice lawyer in Indianapolis, IN today.

Craven, Hoover, & Blazek P.C.

Tag Archives: malpractice claims