Fort Wayne Medical Malpractice Lawyer

Thanks to the top-notch treatment available at facilities like Lutheran Hospital and Parkview Regional Medical Center, Fort Wayne residents have never had a better opportunity to live heathier lives.  But medical care can do more harm than good when it is inappropriately prescribed or poorly executed. 

If you have been hurt by the actions of a healthcare provider, you may have grounds to pursue a medical malpractice claim, though you could face numerous obstacles if you do, particularly in Indiana, which heavily constrains these kinds of cases.  To increase your chances of success, reach out to the Fort Wayne medical malpractice lawyers at Hensley Legal Group, where we have been fighting on behalf of the innocent victims of negligence for more than 25 years. 

To arrange a free consultation with an accomplished Fort Wayne medical malpractice attorney, please call or text us at (317) 472-3333, chat with us online, or fill out our contact form now. 

What Is Medical Malpractice?  

It is important to note that a negative outcome after a course of treatment is not in and of itself proof of medical malpractice.  Patients usually seek medical attention only when they are dealing with a serious ailment, and the sad truth is that some health problems cannot be cured. 

But if a practitioner deviates from the norms of the medical community, commonly called “the standard of care,” by failing to treat a patient how other competent providers might have treated that patient under similar circumstances, this deviation may be classified as medical malpractice.  And if the deviation inflicts a personal injury, a medical malpractice case could be justified. 

Any medical malpractice plaintiff who hopes to prevail must show that: 

1. A duty of care was owed – By taking the plaintiff on as a patient, the medical provider owed that plaintiff a duty of care.  

1. The duty of care was breached – The provider’s treatment of the plaintiff violated or “breached” the accepted standard of care.  

1. The breach caused injury – The breach of duty directly injured the plaintiff.   

1. Damages were incurred – The plaintiff incurred losses or damages because of this injury.  

Demonstrating all four elements may demand deep familiarity with the relevant treatments and procedures, the law, and the codes of conduct of the medical profession.  And even if a plaintiff manages to unearth a breach of duty by a practitioner, any allegations of wrongdoing will need to be bolstered by extensive evidence, whether in the form of medical records, statements by other caregivers and witnesses, or testimony from knowledgeable individuals with experience in the same field.  

Fortunately, our Fort Wayne medical malpractice lawyers are highly adept at building complex cases of medical negligence and presenting them in a clear and compelling manner. 

Leading Causes of Medical Malpractice 

There are more than 17,000 medical malpractice cases filed each year in the United States, including approximately 940 annually in Indiana.  To be viable, each of these cases must allege that a medical provider harmed the plaintiff by breaching the standard of care, but there are a wide variety of ways in which such a breach could occur.  Some of the leading causes of medical malpractice include:   

• Failure to diagnose, misdiagnosis, or delayed diagnosis  

• Misuse of diagnostic equipment  

• Errors during surgeries or non-surgical procedures  

• Excessive or insufficient anesthesia  

• Medication mistakes 

• Malfunctioning medical devices 

• Infections secondary to unsanitary conditions 

• Needlessly prolonged births  

• Preventable birth injuries  

• Physical, mental, or sexual abuse 

No matter what the root cause of your injury was, Hensley’s Fort Wayne medical malpractice attorneys can advise you of the next steps if you are contemplating a claim against the parties who committed medical malpractice.

Who Can Commit Medical Malpractice?  

But exactly who can commit medical malpractice?  While it may be natural to primarily think of doctors as the defendants of medical malpractice lawsuits, the truth is that many different types of caregivers could be civilly liable for malpractice, including: 

• Doctors  

• Nurses  

• Technicians  

• Therapists  

• Pharmacists  

• Paramedics  

• Hospitals  

• Nursing homes  

• Rehabilitation centers  

• Medical device makers  

• Drug manufacturers and distributors  

Sometimes multiple providers could be responsible for a plaintiff’s medical injuries, and it is essential to go after all of them within the time allotted by law, known as the Statute of Limitations.  Neglecting to file suit or otherwise resolve your medical malpractice claim before the Statute elapses could forever bar you from full compensation, but you can count on our detail-oriented Fort Wayne medical malpractice lawyers to meet the requirements for your claim. 

Restrictions on Indiana Medical Malpractice Claims 

Those requirements can be especially onerous in Indiana, which imposes significant restrictions on medical malpractice claims, including hard ceilings on how much plaintiffs can be awarded. 

In 1975, Indiana became the first state in the country to implement caps on financial damages from medical practitioners.  The Medical Malpractice Act initially set the maximum award at $1.25 million, though it has since been raised to $1.8 million per claim. 

Not only is an Indiana medical malpractice plaintiff not entitled to obtain more than $1.8 million, but the at-fault caregivers may not even be entirely on the hook for the funds that are disbursed.  Under the terms of the Act, medical providers and their insurance carriers do not have to pay more than $500,000.00 for a single malpractice verdict or settlement in the state.  Any damages above that figure must be sought from the Indiana Patient’s Compensation Fund (PCF), a state-administered program created to address such overages. 

While the sum is certainly not small, $1.8 million might pale in comparison to some plaintiffs’ medical bills, to say nothing of the long-term costs that may emerge or the non-monetary damages that can sometimes be more consequential.  

What a Fort Wayne Medical Malpractice Attorney Can Do for You 

Medical malpractice cases are some of the most difficult in personal injury litigation, as well as some of the most frustrating.  Not only have the plaintiffs been hurt by the very people who were supposed to heal them, but they are also forced to square off against multi-billion-dollar insurance companies and massive health systems who will look for every angle to minimize their fiscal exposure.

The odds can be stacked against you if you go forward with a medical malpractice case, but you can put the odds in your favor by retaining the Fort Wayne medical malpractice attorneys at Hensley Legal Group, who are passionate about ensuring that the average Hoosier enjoys the same rights as the rich and powerful. 

If you hire Hensley, we will launch a thorough investigation into your medical injury and everyone who contributed to it within the time permitted by law.  We will then move swiftly to secure the materials to support your claim, subpoenaing hospital and caregiver documentation and consulting with experts who can provide critical insight into any misconduct when necessary. 

After putting together the strongest case possible, our Fort Wayne medical malpractice lawyers will work tirelessly to get you compensated for the totality of your losses, such as your:  

• Past, present, and future medical expenses  

• Lost wages 

• Reduced earning capacity  

• Pain and suffering  

• Mental and emotional trauma  

• Diminished quality of living 

• Impaired mobility  

• Loss of consortium 

• Punitive and wrongful death damages (if applicable)  

And if we do not receive an offer that is worthy of your case, we are not afraid to go to trial for a verdict that is, unlike many of our competitors, who seldom, if ever, set foot inside a courtroom.  Moreover, we can seek additional funds from the PCF if the situation warrants it.

We realize you might be reluctant to agree to more expenditures when you can least afford them, but Hensley Legal Group works on a contingency basis, so you won’t have to pay us anything until our Fort Wayne medical malpractice attorneys win your case.  

You may already have been let down by someone who promised to help you, but we will do whatever it takes to fulfill our promise to you. 

Our Fort Wayne Medical Malpractice Lawyers Will Be Here for You  

Hensley Legal Group has been standing up for the honest men and women of Indiana since 1998.  If you are struggling to recover from a grievous medical injury, our Fort Wayne medical malpractice lawyers will be here for you.   

You can schedule a complimentary case review with a dedicated Fort Wayne medical malpractice attorney by calling or texting us at (317) 472-3333, chatting with us online, or filling out our contact form at your earliest convenience.