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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
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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.

Related Posts:

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

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.

Related Posts:

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

The Facts About Physician Liability

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Medical Malpractice Lawyers 317-881-2700

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

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 Attorney Indianapolis

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.

Can Anti-Depression Medication Cause Birth Defects?

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Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm 317-881-2700

Pregnancy is a very delicate time in a woman’s life, and sometimes one of the most challenging as well. This is truer for women who suffer from acute depression, or any related form of depression. Whether diagnosed before pregnancy, or during their term, women who deal with emotional and mental illness are likely to be prescribed an anti-depressant by their family doctors or psychiatrists. But many pregnant women want to know if such medications can cause complications for their unborn children.

Birth Defects and SSRI’s

Although studies have suggested that certain types of anti-depression medication can lead to birth defects, the most commonly talked-about are SSRI’s, or selective serotonin reuptake inhibitors. Because these studies only suggest a link between anti-depressants and birth defects in babies, many pregnant women are still prescribed these medications by physicians and medical facilities. The medical communities do not have conclusive evidence that proves anti-depression meds can cause complications with pregnancy and babies; so they are still recommending these prescriptions for pregnant women. There is, however, one anti-depressant medication that has been proven to cause several heart defects, as well as, a rare lung and heart condition in infants and newborns. Here are the most commonly prescribed SSRI anti-depressants:

• Paxil
• Zoloft
• Lexapro
• Celexa
• Prozac
• Luvox

The heart and lung condition that has been linked to birth defects is called Persistent Pulmonary Hypertension or PPHN. This disease is a very serious condition that requires comprehensive medical treatment and intensive monitoring. An infant’s circulatory system might not be able to supply the needed oxygen to the soft tissue, even with treatment. This can result in brain hemorrhages, shock, heart failure, lung failure, and several other medical emergencies.

Medical Malpractice Attorneys 317-881-2700

Medical Malpractice Attorneys 317-881-2700

So why are doctors prescribing these medications to pregnant women when studies have shown these linkages? Why take the risk of potential birth defects and possible infant death for the sake of one’s depression? The answer is not so simple. It starts with the FDA, or Food and Drug Administration. They do not retain conclusive proof that birth defects or fatalities occur from these drugs; instead, they have only conflicting information about the link between the two.

A 2006 FDA study, focusing on newborns whose mothers took anti-depressant SSRI’s in the second half of their pregnancy, revealed that PPHN was six times more likely in SSRI pregnancies than in pregnancies without SSRI usage. The FDA issued an advisory warning. However, three latter studies proved inconclusive results. As a result, the FDA retracted their 2006 warning derived from the initial study, and directed physicians to continue prescribing the drugs as they have before.

If you or a loved one has recently given birth to a newborn that is experiencing any relative symptoms of PPHN or other medical condition, and the mother was taking an SSRI or other anti-depressant during the second half of their pregnancy, contact an Indianapolis personal injury lawyer to learn your rights. You may be entitled to compensation for the mother and child’s damages. Be sure to trust a licensed and reputable medical malpractice attorney Indianapolis for accurate and effective legal counsel.

Craven, Hoover, and Blazek P.C.

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C.at 317-881-2700 for information about medical malpractice lawsuits in Indianapolis, Indiana. Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned personal injury lawyers with decades of trail and litigation experience. We offer free initial consultations to assess your claim and determine if you or your family is eligible for compensation, and we never collect lawyer fees unless we prevail for you! Call 317-881-2700 and speak with a friendly and experienced medical malpractice lawyer in Indianapolis, IN today.

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

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Medical Malpractice Attorneys 317-881-2700

Medical Malpractice Attorneys 317-881-2700

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

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

SSRI’s and Birth Defects

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

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

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

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

Craven, Hoover, and Blazek P.C.

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

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