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Key Questions for Choosing Your Legal Advocate in a Medical Malpractice Claim

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When doctors who are performing medical procedures in a negligent manner, the medical procedures go wrong and the aftermath can be devastating, not just physically but also emotionally and financially. Patients entrust their health and lives to medical professionals, so when things don’t go as planned, it can be a harrowing experience. That’s where the importance of a specialized attorney comes into play.

If you or someone you know has been a victim of medical malpractice, hiring the right lawyer is crucial to navigating the complexities of these cases. This blog post aims to guide you through essential questions to ask a potential medical malpractice attorney, ensuring you make an informed decision for your case.

Call 317-881-2700 to Speak With an Experienced Medical Malpractice Attorney in Indianapolis Indiana
Call 317-881-2700 to Speak With an Experienced Medical Malpractice Attorney in Indianapolis Indiana

Navigating a Medical Malpractice Claim with Legal Insight

Medical malpractice occurs when a healthcare professional deviates from the standard of care, resulting in injury to the patient. The consequences of such negligence can be severe, affecting one’s quality of life and leading to financial burdens due to ongoing medical expenses and lost income. In these situations, having a legal expert who specializes in medical malpractice is vital. They possess the knowledge needed to handle the intricacies of these cases and fight for the compensation you deserve.

Navigating the legal system without an experienced attorney can be daunting. The laws surrounding medical malpractice are complex and vary from state to state. Having an attorney who understands these nuances can significantly impact the outcome of your case. Their expertise allows them to document a solid case, negotiate on your behalf, and ensure your rights are protected throughout the process.

Choosing the right lawyer requires careful consideration. It’s essential to find someone who not only has the credentials but also aligns with your needs and expectations. Asking the right questions during initial consultations will help you assess if the lawyer is the right fit for your case.

The Impact of Medical Errors

Medical malpractice can have lifelong effects on patients and their families. Beyond the immediate physical injuries, victims may face long-term health issues, emotional distress, and financial hardships. The financial strain can include medical bills, lost wages, and costs for ongoing care or rehabilitation. These burdens underscore the need for legal recourse to hold responsible parties accountable and recover deserved compensation.

Victims often feel overwhelmed and uncertain about the next steps. The stress and confusion that accompany malpractice cases are common, which is why having a knowledgeable legal advocate is so important. A specialized attorney understands the challenges victims face and provides the necessary guidance to pursue justice.

Top Questions to Ask a Medical Malpractice Attorney

☑ Experience and Track Record

One of the first questions to ask a potential attorney is about their experience and track record in handling medical malpractice cases. How long have they been practicing in this area? What is their success rate? An attorney with extensive experience is more likely to understand the complexities of medical malpractice claims and have a proven strategy for success.

Experience matters because medical malpractice cases require navigating complicated medical and legal issues. A seasoned lawyer will have encountered a range of scenarios and developed effective strategies to overcome them. Their track record can provide insight into their ability to secure favorable outcomes for their clients.

It’s important to inquire about specific cases similar to yours that the lawyer has handled. This will give you an indication of how well they understand your situation and their potential effectiveness in advocating for you. An attorney who can confidently discuss past cases and successes will likely inspire greater trust and confidence in their capabilities.

☑ Case Assessment Process

Ask the attorney how they plan to evaluate your case and what potential outcomes they foresee. Understanding the assessment process provides transparency and sets realistic expectations. A competent attorney should be able to explain how they will gather evidence, consult with medical experts, and identify the strengths and weaknesses of your case.

Case assessment is a critical step in the legal process. It involves reviewing medical records, interviewing witnesses, and understanding the full scope of your injuries. A thorough evaluation will help the lawyer develop a strong strategy tailored to your specific circumstances.

Discussing potential outcomes early on is important for setting expectations. While no lawyer can guarantee specific results, an experienced attorney will provide an informed opinion on the possible resolutions based on their expertise and previous cases. This insight is invaluable in helping you decide whether to proceed with the case.

☑ Legal Strategy

Understanding the lawyer’s approach to your case is essential. Ask about their legal strategy and any alternative approaches they might consider. A well-planned strategy can be the difference between success and failure in a medical malpractice claim.

A strong legal strategy involves identifying key issues, determining the best course of action, and anticipating challenges that may arise. Your attorney should be able to articulate their plan and explain how it aligns with your goals. This includes discussing potential settlement options or whether they recommend going to trial.

Alternative strategies may also be worth considering. Some cases benefit from mediation or arbitration rather than litigation. Discussing these options with your lawyer ensures you understand the full range of possibilities and can make informed decisions about your case’s direction.

☑ Communication and Transparency

Effective communication is a critical aspect of any attorney-client relationship. Ask how often you can expect updates on your case and what the process for communication will be. Knowing you can reach your attorney when needed provides peace of mind during what can be a stressful time.

Transparency is key to building trust. Your lawyer should be forthcoming about the case’s progress, potential challenges, and any new developments. Regular updates keep you informed and involved in the process, ensuring you remain an active participant in your case.

Establishing clear communication channels from the outset helps prevent misunderstandings and ensures your questions and concerns are addressed promptly. This collaborative approach fosters a stronger partnership between you and your lawyer, ultimately benefiting your case.

☑ Fees and Costs

Legal fees can be a significant concern for many clients. Ask the lawyer about their fee structure and what costs you can expect. Are they working on a contingency basis, meaning you only pay if you win your case? Understanding these details upfront prevents surprises later.

The fee structure should be clearly explained, including any additional costs for expert witnesses, court filings, or other expenses related to your case.

Contingency fees are common in personal injury cases, including medical malpractice, and we work on a contingency fee basis here at Craven, Hoover & Blazek, P.C. This arrangement can benefit clients who may not have the means to pay attorney fees upfront. Discussing this option with your lawyer can help determine if it’s the right fit for your financial situation.

MAKING AN INFORMED DECISION

Choosing the right medical malpractice lawyer is a critical decision that can impact the outcome of your case. By asking these key questions, you can evaluate potential attorneys and ensure they meet your needs and expectations. A well-informed decision increases your chances of a successful legal outcome.  

Remember, seeking justice is a right, and having the right legal support can make all the difference in achieving a full and fair outcome. You’re not just hiring a lawyer; you’re selecting a partner who will advocate for your rights. The right lawyer will make you feel confident and supported throughout the legal process, providing the expertise and guidance you need.

If you’ve been affected by medical malpractice, take action today by consulting with an experienced attorney. Contact the Law Office of Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free case evaluation with an experienced medical malpractice attorney 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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Navigating the Legal Maze: Hiring a Medical Malpractice Lawyer in Indiana
Is a Misdiagnosis Considered Medical Malpractice?
Navigating Indiana’s Statute of Limitations for Medical Malpractice

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

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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

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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

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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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What to Expect from a Medical Malpractice Lawsuit in Indiana

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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

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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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Is a Misdiagnosis Considered Medical Malpractice?

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

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

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

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

All Medical Operations and Treatments Pose Inherent Risks

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

Unethical Promotion of Unnecessary Surgeries

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

Such Procedures Are Not Always Medical Malpractice

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

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

How to Get Started on Your Case

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

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

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

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Do I Have a Valid Medical Malpractice Claim?

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Medical malpractice claims are among the most complex cases in the civil litigation field. As a suspected victim of medical negligence, it is important to educate yourself on your rights as a wrongly fully injured victim, and to determine the strength of your case. These facts include the true definition of medical malpractice, the medical standard of care, proving negligence, hiring an attorney, and more.

Continue reading to learn what you want to know about medical malpractice claims and lawsuits, including how to get started on your case for free.

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

Brief Explanation of Medical Malpractice

If a health care professional or facility is negligent and makes a mistake when treating a patient, the degree of how that error affects the patient will determine whether or not it could be considered medical malpractice. There are specific elements that must be in place in order for a medical error to be lawfully seen as malpractice. Not only do these elements need to exist, but the plaintiff must also be able to present sufficient evidence that proves these elements.

Here are the 4 primary elements that must be in place for a medical malpractice claim to have a chance at success:

➀ The presence of a doctor-patient relationship;

➁ The delivery of treatment that failed to meet the medical standard of care;

➂ A relation between the negligent medical treatment and the injury incurred by the patient;

➃ Economic damages and losses sustained as a result of the injury incurred by the patient.

Proving the standard of care is one of the more complicated aspects of a medical malpractice lawsuit. Not only must the standard of care unique to the patient’s medical needs be proven in specific detail, it must also be shown in detail how the medical standard of care was breached by the defendant (medical care professional or facility). Overall, the proper standard of care is generally seen as the same care that any practical, similarly trained health care professional in the same medical community as the defendant would provide.

Hire a Personal Injury Attorney to Recover a Full Settlement

Because the legalese and burden of proof of medical malpractice claims are so stringent and complex, it is vital to hire a reputable personal injury attorney who can protect your rights to compensation. You will be faced with several losses and damages, such as medical expenses, hospital bills, lost wages, inability to work and more.

To cover these losses, you are owed full and fair compensation if your malpractice case is valid. An experienced Indianapolis medical malpractice lawyer can navigate your claim, ensuring that all investigations, witness testimonies, documentation, medical records, and much more, are all in place to argue your case. Just be sure to choose a personal injury law firm in Indiana with a strong reputation for success.

Choose the Law Firm of Craven, Hoover, and Blazek P.C. for expert personal injury representation for medical malpractice claims in Indianapolis, Indiana. Contact us at 317-881-2700 to schedule a free initial consultation with a seasoned accident attorney who can provide all the information you need to move forward from your injury. We represent injured victims throughout Indiana, including Indiana residents injured or killed in other states.

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Frequently Asked Questions About Medical Malpractice Claims

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Medical malpractice claims are one of the most complex. Before you begin the process of pursuing a medical malpractice claim, it is important to obtain a general understanding of the Indiana state laws surrounding medical malpractice, liability, and related content. The best place to start is by contacting an experienced Indiana personal injury law firm that can provide trusted legal counseling for your unique medical malpractice case.

In the intervening time, continue reading to review some frequently asked questions and answers about medical malpractice claims.

Indiana Medical Malpractice Lawyers 317-881-2700
Indiana Medical Malpractice Lawyers 317-881-2700

🏥 Do I Have a Medical Malpractice Case?

This is by far one of the most common questions asked by those who feel victimized by a hospital or medical community. As mentioned, medical malpractice cases are highly complex, and furthermore, differ in great detail among victims. In order to understand the strength of your case, you will need to consult with a licensed medical malpractice attorney who can provide a professional case evaluation. Most law firms do not charge a fee for initial consultations. 

🏥 How Long Does a Medical Malpractice Case Take?

The complexity of medical malpractice claims, combined with the infinite details and circumstances of each individual case, make it difficult to predict an exact time line. On average, most claims are settled or resolved with 6 months to a year; however, they can also take several years or more depending on the opposing parties and various other factors.

🏥 How Much Does a Medical Malpractice Attorney Charge?

There are several different types of fee arrangements and rates attorneys charge for their services. Some law firms will use just one type of billing method, while another might use multiple in combination. Most personal injury law firms use a contingency-fee business model. A contingent payment arrangement works by not charging clients any retainers or upfront lawyer fees, but later collecting a percentage of the settlement recover for them. Personal injury claims are complex and vary from case to case, so the percentage collected upon judgment will vary among lawsuits.

🏥 What is the Indiana Statute of Limitations for Medical Malpractice Claims?

In Indiana, a victim has two years from the date the healthcare provider committed an act of negligence that led to injuries to a patient. Statute of limitations for medical malpractice claims do not start when the malpractice is discovered, but in some rare cases, it can. Talk to your personal injury attorney for details regarding when you can make a medical malpractice claim.

🏥 Is Nursing Home Abuse Medical Malpractice?

Nursing home abuse cases are separate from medical malpractice cases, except in the case that the resident was receiving medical care in addition to standard nursing home care. See our blog, “FAQS Regarding Nursing Home Abuse and Neglect” to learn some information about such cases.

🏥 How Do I Win My Medical Malpractice Case?

There are numerous factors that contribute to the success or failure of a medical malpractice case. Such factors include the experience and proficiency of your legal team, the extent of your injuries and damages, and the strength of evidence you have against the opposing parties that proves their negligence. The stronger the evidence of negligence, the stronger the chances of winning a settlement. Your first step to getting off on the right track with making a medical malpractice claim is to contact a seasoned and reputable Indianapolis medical malpractice lawyer who you can trust for professional legal guidance.

Indianapolis Medical Malpractice Lawyers

Indianapolis Personal Injury Lawyers 317-881-2700

If you believe you or your loved one is a victim of medical malpractice in Indiana, contact the Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation. Our Indianapolis medical malpractice lawyers are ready, willing and able to help you recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Schedule your free consultation, today.