We trust medical professionals with our lives. However, if medical personnel give us substandard treatment causing us injury or harm, they may be liable for medical malpractice. While not every medical mistake is considered malpractice, it’s important to have a qualified attorney help you examine the facts of your case.
There are 22 hospitals with hundreds of employees in Marion County, Indiana, alone. Across the nation, medical errors are listed as the third-leading cause of death. Additionally, according to reports, one out of every three patients will be the victim of an error during a hospital stay.
But you’re not just another number to us. If you have suffered medical negligence as a patient at the hands of a doctor in Indianapolis, you deserve justice for your injuries. John Hensley and his Indianapolis team of medical malpractice attorneys represent victims of medical negligence throughout Indiana. For a free evaluation, fill out our contact form or call today to speak to an attorney in our office at (317) 472-3333.
Common Causes of Medical Malpractice Cases
Medical errors can lead to lifelong complications and health consequences. They can occur in several different situations. Additionally, many medical professionals can be held liable for medical malpractice, including dentists or pharmacists.
Here are some common examples of medical errors that may be considered malpractice:
- Misdiagnosis or delayed diagnosis
- Surgical errors such as operating on the wrong body part or leaving materials behind
- Medication or dosage mistakes
- Unclean or unsanitary conditions
- Negligent care
- Anesthesia mistakes
- Physical, emotional, or sexual abuse by medical professionals
- Birth injury
If you or your loved one suffered one of these serious errors at the hands of medical personnel in Indianapolis, you may be able to file a medical malpractice suit against that party or their place of work. You deserve a high standard of medical care, and the Hensley Legal Group medical malpractice lawyers in Indianapolis want to defend your right to feel safe when you put your life in the hands of a medical team.
How to Know If You Have a Case
Serious, even lifelong consequences, can occur as a result of medical malpractice. You may be unsure whether you have a solid Indiana medical malpractice case. Even if you are sure that you have just cause, medical malpractice claims can be extremely hard to prove as healthcare personnel often try to avoid admitting their mistakes.
If you want your claim to be successful, there are several things you need to be able to prove. First, you must show that your healthcare provider gave you a lower standard of care than he or she should have. Second, you need to be able to prove that another healthcare provider would have done better under the same circumstances. Finally, the key to malpractice cases is proving negligence with evidence.
In Indiana medical malpractice cases, the issues usually arise with having enough proof to show that negligence occurred. Proof tends to come in the form of witnesses who were there when the incident took place, and expert witnesses saying what should have been done under the circumstances. Basically, you are aiming to prove that the doctor or healthcare professional failed to administer the accepted standard of care, causing your injury. Documentation is also incredibly important. If the victim was alone with their healthcare provider in a private appointment, there may not be any witnesses.
If you are unsure as to whether or not your injuries qualify as the result of medical malpractice, the best thing you can do is speak to qualified Indianapolis medical malpractice attorneys about your case. Hensley Legal Group can help you by giving you a free case evaluation in our office or virtually. We know Indiana medical malpractice law, and we are here to help you each step of the way.
Why Indiana Medical Malpractice Cases Are So Complex
Each state has its own specific medical malpractice laws which can affect individual cases. The same goes for Indiana. Medical malpractice law in Indiana is very specific and technical, tricky to navigate for the average Indianapolis resident.
In addition to laws that govern what constitutes and does not constitute medical malpractice, Indiana law further governs what sort of compensation a victim of malpractice can receive. For instance, in addition to physical injury or death, compensation for medical malpractice can include:
- Lost wages
- Loss of lifestyle
- Pain and suffering
- Future or permanent medical expenses
- Wrongful death
Some of these noneconomic losses can be hard to quantify, which is why you need an attorney on your side who has faced this situation before and can lend you a hand.
If you or a loved one was injured while being treated at an Indianapolis hospital, you may deserve compensation for all that you’ve suffered. However, the best way to ensure this outcome would be to seek the legal advice of a medical malpractice attorney. Hensley Legal Group has more than 20 years of experience. Call our Indianapolis office today to get started on your medical malpractice claim.
The Medical Malpractice Act
The law statutes which govern medical malpractice cases in the State of Indiana are contained in the Medical Malpractice Act of 1975. These laws outline the process by which someone may seek compensation for injuries sustained by malpractice. There are several things that this act outlines which differ from traditional personal injury cases.
First, before the case goes to a court in the State of Indiana, it must go to a medical panel made up of three doctors, often colleagues associated with the provider in question. In order for the case to proceed to a court trial, the medical panel must believe that there is evidence of failure to meet the standard of care or a missed diagnosis. If they don’t find sufficient evidence of this, you can still pursue the case, but it becomes much more difficult.
Second, the Indiana Medical Malpractice Act of 1975 states that a patient may only file a malpractice suit within two years of the date of injury. The law makes very few exceptions to this. For example, in the case of minors who were younger than six years old when their injury took place, they may file a claim up until their eighth birthday.
Third, the act puts a financial cap of $1.8 million dollars on medical malpractice cases. Indiana was the first state to set a cap for both economic and non-economic damages, and one of the first states to cap medical liability damages. $1.8 million dollars is the absolute limit as of 2019, including what the patient has already spent or what expenses may be incurred in the future due to his or her injury. The medical malpractice cap is an example of how challenging it may be to win the compensation you deserve in a case against an Indiana health care provider.
The laws and statutes surrounding medical malpractice in Indiana are complex. In order to ensure that you have the highest chance for success with your claim, the smart move is to hire one of our Indianapolis, IN, medical malpractice lawyers. At Hensley Legal Group, our attorneys have a track record of success throughout Indiana, and we want to help you fight for your rights.
Elements Involved in Medical Malpractice Personal Injury Claims
One advantage that you have, as an Indiana medical malpractice victim, is that you can bring a claim against any doctor or health care professional involved in your care. Some states limit who can face a malpractice lawsuit or claim, but not Indiana. Any doctor or healthcare professional can have a claim filed against them when his or her actions result in failure to meet the standard of care, including a dentist who removed the wrong tooth, or a pharmacist who prescribed the wrong medicine.
In addition, a medical malpractice lawyer can help a client identify other potentially responsible parties. These might include the facility where the injury took place (whether a hospital or nursing home), the manufacturer of a defective product, or a pharmaceutical company that failed to warn against dangerous side effects of medications. Many different parties may be included in a medical malpractice case, to help give the patient the best chance of recovery.
The next piece of the puzzle is gathering evidence of malpractice. First, health records must be gathered from both before and after the incident. The medical panel will be able to see the difference and learn what consequences the patient suffers.
Additionally, the patient should show what medical care is required as a result of the substandard care: medications, surgery, therapy, and other things that are now a part of the injured person’s life. This will help to determine the compensation amount for his or her claim.
To sum it all up, in addition to filing a claim within two years of the event, there are three other factors to every successful malpractice case:
- The victim’s attorneys must show a breach of duty by the healthcare professional causing a substandard level of healthcare compared to what another medical professional would have provided
- This breach of duty caused an emotional or physical injury to the patient
- There is sufficient evidence to prove that the medical professional caused this damage
Proving these three things is not easy and can seem overwhelming. But don’t worry, you don’t have to be in this alone. At Hensley Legal Group, our medical malpractice attorneys are here for you, and we are waiting for your call at 317-563-7150.
Hensley Legal Group Indianapolis Medical Malpractice Attorneys
When you entrust your care to a healthcare provider, you expect that professional to help you feel better, not worse. Each person deserves competent, skilled health care, but when that right is breached resulting in operation failure or injury, it is considered medical malpractice.
At Hensley Legal Group, medical malpractice is one of the more complicated practice areas that our Indianapolis medical malpractice lawyers handle. But we are well up for the challenge.
Beyond dealing with the doctor and his or her place of employment, the Indianapolis hospital or clinic has insurance companies and legal teams ready to fight on their behalf. We, though, believe in fighting for the little guy.
Thus, our Indianapolis personal injury attorneys work on contingency, which means that we don’t get paid unless you do. Therefore, you risk nothing by speaking to the injury attorneys at Hensley Legal Group, thanks to our 12-Part Client Services Guarantee.
We promise to live up to our reputation and give you the professional, compassionate legal representation that you deserve. The litigation team at Hensley Legal Group is committed to helping Indianapolis medical malpractice victims receive the justice they deserve. Contact us today by filling out our online form or calling our office at (317) 472-3333.