Medical Malpractice Attorneys in Indianapolis, IN
Were You or A Loved One Injured By Medical Negligence?
When you or a loved-one is sick or injured, we rely on doctors, surgeons and nurses to work effortlessly to help as much as possible. We instill immense trust in these individuals, building a special patient-doctor relationship and hoping they can avoid the medical malpractice that we hear about. However, medical errors are a human mistake and thus a reality in our lives. We must be prepared to navigate the complexities of this problem, and Young & Young stands ready to help you overcome the obstacle.
Get Expert Legal Help For Medical Malpractice & Medical Negligence Cases
In 1976, when Dr. Otis Bowen was Indiana’s Governor, the Indiana Malpractice Act was passed. This act protects healthcare providers and limits the amount of damages that can be recovered no matter what amount a jury might determine is fair compensation for medical malpractice. This act means there are a number of requirements that must be met before being able to file in court, such as filing a “proposed complaint” in the Indiana Department of Insurance. Also, before filing in court every case must be submitted to a panel of three fellow healthcare providers for review and an opinion on whether or not the panel feels there was malpractice or not. The complex process behind medical malpractice gives rise to the fact that it is a very time-consuming and therefore takes a while to get to trial.
Injured By A Doctor or Medical Procedure?
#1 Trusted Medical Malpractice & Medical Negligence Lawyers in Indiana
At Young & Young Law in Indianapolis, we hope to make a significant difference in the ultimate resolution of your medical malpractice or medical negligence claim. We represent clients in personal injury and wrongful death litigation against healthcare professionals whose wrong choices have resulted in serious and disabling injury or death. Typical consequences of the most severe instances of professional negligence include organ failure, permanent brain damage, paralysis, or death of the patient.
What is Medical Malpractice / Negligence?
Medical malpractice or negligence is the failure of a medical professional to use reasonable care or the equal amount of care a reasonable person would take under the same or similar circumstances.
Errors Made by Medical Professionals is Medical Malpractice
Medical doctors, physician assistants, and other healthcare providers are no different than any human in that they can make mistakes. However, the repercussions of a medical professional’s negligence towards their patient(s) is significantly more devastating than most errors and is legally classified as malpractice.
Common Medical Malpractice Claims
Indianapolis medical malpractice claims include:
- Surgical Mistakes: From mistakenly cutting an organ during a gallbladder operation to failing to perform a neurosurgery procedure safely, medical errors can have disastrous consequences. In the worst-case scenarios, these blunders may result in paralysis or even death of the patient undergoing surgery.
- Birth Injuries: Mistakes during labor and delivery can have a detrimental effect on the child’s health & wellbeing, as well as that of their family. For example, cerebral palsy, oxygen deprivation brain injury, brachial plexus injuries, hip dislocation or an untreated case of newborn jaundice could all be caused by such errors.
- Hospital Errors: Hospital negligence can lead to severe personal injuries and maladies, such as medication mistakes, falls during admission, and hospital-acquired infections like sepsis. The responsibility of these errors lies with health care providers – physicians, nurses, technicians – as well as support staff.
- Diagnostics Errors: Sever, life-altering mistakes can be caused due to a medical professional fails to accurately interpret diagnostic tools, such as x-rays, mammograms, CT scans or biopsy results. It is imperative that healthcare providers adhere strictly to high standards of accuracy when conducting tests and reading their findings in order to ensure patient safety at all times.
- Emergency Room Errors: Negligence in emergency rooms due to understaffing or overwork can be disastrous, frequently resulting in a failure to diagnose life-threatening health issues like heart attacks, strokes, bowel obstructions & more. What’s even worse is that surgical errors linked with anesthesia errors could also occur when medical personnel are overwhelmed.
- Other Birth Injuries: If medical professionals fail to recognize fetal distress, it can result in a birth injury as the child is not delivered quickly enough.
- Dental Malpractice: Dental negligence may arise from a dentists’ failure to accurately diagnose or treat patients with dental infections that could result in sepsis. Additionally, it can occur if a foreign body is left behind inside the gums or teeth after surgery.
- Misdiagnosis: Failing to accurately diagnose a severe illness, including cancer, heart disease or infectious diseases can have deadly consequences or cause irreparable damage.
- Negligent Treatment: When a healthcare professional fails to diagnose or delays diagnosis, the consequences can be dire, including amputation, sepsis and brain damage – even causing cerebral palsy in some cases. Death is also a potential result of medical malpractice due to misdiagnosis.
- General Medical Malpractice: There are many different types medical malpractice claims, including neurological, psychiatric, gynecological, failure to obtain informed consent, etc. Each one of these medical practice areas may have its unique types of malpractice.
Our Medical Malpractice Attorneys Are Here to Give You the Best Chance of Compensation
At Young & Young Law, we have great experience with medical malpractice that allows us to determine valid cases from doubtful ones. We engage medical experts early in the evaluation process fairly and objectively evaluate cases to help make this determination.
Hire the Best Medical Malpractice Lawyers in Indianapolis Today!
For a free consultation about our ability to represent your claims, contact our experienced personal injury lawyers at Young & Young in Indianapolis.
Medical Malpractice FAQs
If you have been injured due to a doctor or healthcare worker’s negligence, it is crucial to reach out to the medical malpractice lawyers at Young & Young Law in Indianapolis, IN. We are dedicated to ensuring you receive full compensation for your injuries. Below are some frequently asked questions related to Indianapolis medical malpractice lawsuits.
What is medical malpractice?
Health care professionals, including doctors, surgeons, and nurses, are obligated to uphold a high standard of care for all patients. When medical providers are negligent—if their substandard treatment causes harm—they may be held liable for injuries or loss of life. Medical malpractice refers to the professional negligence of a health care provider who fails to meet the accepted standard of care within the medical community, resulting in patient injury or wrongful death.
How do I know I or a loved one is a victim of medical malpractice?
Are you receiving treatment from a doctor, but not seeing improvement? Could it be medical malpractice? Identifying such cases can be challenging, especially since a physician is unlikely to admit to an error that worsened your condition. Numerous factors can complicate illness treatment, making medical malpractice difficult to prove. The attorneys at Young & Young specialize in identifying negligence by doctors or other medical professionals, ensuring your case is thoroughly examined.
Signs of medical malpractice include:
– Your condition is not improving.
– Your diagnosis was based solely on a lab test.
– The diagnosis does not fully account for all your symptoms.
– The diagnosis process was lengthy.
– You feel ignored by your doctor(s) and other healthcare professionals.
What are common causes of birth injuries?
Common causes of birth injuries include the following:
– Failure to detect or treat maternal infections during pregnancy
– Inadequate monitoring of a child’s heart rate before and during birth
– Failure to identify umbilical cord prolapse
– Delaying a necessary C-section
– Performing an unnecessary C-section
– Mishandling delivery equipment, such as forceps
– Injuries resulting in cerebral palsy or Erb’s palsy
Who can be held liable for medical malpractice?
Determining liability in a medical malpractice case is complex and varies with each situation. Sometimes, the hospital itself may be responsible, while in other instances, the blame may lie with a doctor, pharmacist, surgeon, technician, or nurse. Claims can also be brought against specialists such as dentists, ophthalmologists, or optometrists. If a production error in a medical instrument or surgical tool used on you or a loved one is discovered, it falls under product liability, not medical malpractice. This also applies to dangerous drugs that cause harm or death.
What is the standard of care in medical malpractice cases?
The standard of care in medical malpractice cases refers to the level of care that a reasonably competent healthcare provider would provide under similar circumstances. This standard is based on the knowledge, training, and experience expected of a professional in that field. If a doctor or healthcare provider fails to meet this standard and their actions result in harm to a patient, they may be found liable for medical malpractice.
How long do I have to file a medical malpractice lawsuit in Indiana?
In Indiana, the statute of limitations for filing a medical malpractice lawsuit is two years from the date of injury or discovery of an injury. There are some exceptions to this rule, such as cases involving minors or individuals with disabilities. It is essential to consult with a medical malpractice lawyer as soon as possible after discovering you or a loved one has been a victim of medical negligence.
Whom can I sue if a nurse gave me the wrong medication?
If you have been given the wrong medication by a nurse, you may be able to sue both the individual nurse and their employer. Nurses are responsible for accurately administering medication to patients, and if they fail to do so, it can result in serious harm or even death. In such cases, both the nurse and their employer may be held liable for medical malpractice.
Can I sue if my doctor did not tell me about the risks of a procedure?
Yes, if a doctor does not inform you of the potential risks and complications associated with a medical procedure, they may be held liable for medical malpractice. Informed consent is an essential aspect of providing medical care, and doctors are required to fully disclose all relevant information to their patients. Failure to do so can result in harm or injury, making them liable for any resulting damages.
What damages can I recover in a medical malpractice lawsuit?
Victims of medical malpractice may be entitled to various types of damages depending on the specific circumstances of their case. These can include:
– Medical expenses related to the injury or illness caused by medical malpractice
– Lost wages and future earning potential if the victim is unable to work due to their injuries
– Pain and suffering endured as a result of the malpractice
– Emotional distress caused by physical harm or loss of life due to medical negligence
– Loss of companionship or support (in cases involving wrongful death)
Is it hard to find an expert physician witness?
Finding expert physician witnesses for a medical malpractice case can be challenging. These individuals must possess extensive knowledge and experience in the specific field or type of medicine involved in the case. Their testimony is crucial in helping to establish the standard of care that should have been provided and whether the defendant failed to meet this standard. However, experienced medical malpractice lawyers often have connections with reputable medical professionals who are willing to serve as expert witnesses in these cases. They also have the resources and expertise to thoroughly research and identify potential witnesses who can provide valuable testimony to support your case.
Will my medical malpractice case settle out of court?
While many medical malpractice cases do settle out of court, there is no guarantee that yours will. It ultimately depends on the specific circumstances of your case and the willingness of the defendant to negotiate a fair settlement. In some instances, the insurance company representing the healthcare provider may be more inclined to go to trial rather than settling. However, an experienced medical malpractice lawyer will work tirelessly on your behalf to obtain a fair settlement and pursue litigation if necessary. Therefore, it is essential to choose a reputable law firm such as Young & Young, with a track record of success in both settlements and trials when pursuing a medical malpractice case.
Do I need a lawyer for a medical malpractice case?
It is highly recommended to seek legal representation for a medical malpractice case. These cases are complex, and the legal process can be overwhelming, especially when dealing with a physical or emotional injury due to medical negligence. An experienced medical malpractice lawyer will have the expertise and resources to thoroughly investigate your case, gather evidence, and build a strong argument on your behalf. They will also handle all communication and negotiations with insurance companies or other parties involved, allowing you to focus on your recovery. Most importantly, they will fight for your rights and ensure that you receive fair compensation for any damages incurred.
DISCLAIMER: All responses to the hypothetical questions presented here are for informational purposes only and should not be interpreted as legal advice. Young & Young shall not be held responsible for any errors or inaccuracies contained within.
Contact one of the Indianapolis medical malpractice lawyers at Young & Young to go over your case today by calling (317) 639-5161.