We seek help from a medical professional during some of the most frightening and vulnerable times in our lives. When we are injured, sick or suffering, we turn to doctors, nurses and other medical staff for help and relief. We intuitively trust that the medical and hospital personnel are trained and competent. Thankfully, the majority of the time, our trust is well placed and we receive the help we need and can continue on with our lives.
Unfortunately, not all medical professionals, hospitals, and clinics live up to the trust we place in them. When a doctor, or other medical professional acts in a negligent manner that causes a personal injury to a patient or fails to act and that failure causes personal injury, it is considered medical malpractice.
If you have been injured by a medical error, an Indiana medical malpractice attorney is available to assist you with your case. Hensley Legal Group is an award-winning personal injury law firm dedicated to the idea that everyone deserves justice. The attorneys at Hensley Legal Group have the experience and resources necessary to tackle highly technical cases such as medical malpractice. Contact the attorneys at Hensley Legal Group for a free case evaluation. Call 317-779-2699 for help with your legal questions today.
What Is Medical Malpractice?
Medical malpractice is more than having a poor outcome from a surgery, treatment, or other medical outcome. There is often no way to predict exactly how a person will respond to treatment or medical intervention. Having a poor outcome does not necessarily indicate there was medical malpractice.
The law requires that a medical malpractice claim must show evidence that the following occurred.
- There was a violation of the standard of care. The standard of care is accepted practices and treatments that are accepted and agreed upon by the medical establishment. Patients can expect to be treated in a way that is consistent with these established standards. Any breach of the standard of care in a case can be considered negligence.
- There was an injury that was directly caused by medical negligence. Not every violation of care standards lead to injury or a poor outcome. There must be evidence that the poor outcome was directly caused by the neglect of standards or other negligence. If there was negligence but it didn’t cause harm, there is no case.
- There were significant damages as a result of the injury. Medical malpractice lawsuits are a time-consuming complicated affair, and unusual pain and suffering, and significant medical expenses often occuring into the foreseeable future.
Due to the complicated nature of medical malpractice personal injury claims, it is critical for victims to seek professional legal advice and assistance from an experienced medical malpractice attorney. Our lawyers have the education and experience in medical malpractice law that can make the difference between success and failure regarding medical malpractice injury claims. Our attorneys specialize in medical malpractice and can give helpful legal advice and provide representation if your case goes to trial.
Hensley Legal Group is an Indiana law firm dedicated to helping victims of Lafayette medical malpractice fight for justice. For questions regarding your medical malpractice case, contact Hensley Legal Group for a free no obligation consultation. Call 317-779-2699.
Common Causes of Medical Malpractice
There are numerous ways in which a doctor or other medical professional can be negligent in their duties and commit medical malpractice. This negligence is often the cause of serious, life-threatening and long-term suffering and pain. Individuals in the medical field need to be held accountable for their errors in order for justice to be served and further negligence prevented. Some examples of medical malpractice include:
- Diagnosis errors or failure to diagnose a serious medical problem.
- Surgical errors including unnecessary surgery and performing surgery at the wrong site.
- Failure to take a full patient history or disregarding a patient’s medical history.
- Ignoring or failing to recognize serious symptoms of illness or disease.
- Medication errors, under or overdosing.
- Failure to order appropriate tests to rule out and diagnose conditions
- Errors in follow-up care after surgery.
- Releasing a patient too early from a hospital or medical clinic.
- Injuries occurring during birth.
Due to the serious nature of medical malpractice cases, it is critical that victims seek legal help from a medical malpractice attorney with experience. Legal issues surrounding medical malpractice are complex and the outcome of your case depends on having a skilled, dedicated medical malpractice attorney who isn’t afraid to take your case to trial. In Indiana, the attorneys at Hensley Legal Group can successfully navigate and lead clients through their medical malpractice claim.
Indiana Medical Malpractice Laws
Indiana law requires a review of all medical malpractice claims before they are filed. A medical review panel will look at evidence from both the victim and the defendant and then issue an opinion. After the review you have 90 days to file your case. A medical malpractice lawyer can assist you through all phases of your medical malpractice claim.
In Indiana the statute of limitations for medical malpractice is two years after the negligence occurred. Except in special circumstances, any cases filed after that time will likely be dismissed. If you have questions about how the statute of limitations applies in your specific case, contact the personal injury attorneys at the Hensley Legal Group. Our malpractice attorneys are well-versed in Indiana medical malpractice law and can answer any questions you may have during a free consultation.
Indiana’s damage cap limits how much you can claim in damages. A medical malpractice attorney can help you understand how the damage cap applies to you and your case.
If you or a loved one have been injured by the medical staff they trusted in their time of need, Hensley Legal Group can help. Hensley Legal Group is dedicated to helping malpractice victims who may feel like they don’t have a chance of winning against the medical establishment.