Contact Hensley Legal Group, PC today for a free conversation about your medical malpractice claim.
Are You a Victim of
Medical Malpractice?
Do You Have a
Medical Malpractice Case?
Medical malpractice can be said to occur when a medical practitioner delivers deficient treatment that causes injury or death to a patient. However, a negative outcome isn’t automatically a sign of medical malpractice, since some health problems simply can’t be cured.
In general, medical providers are only considered to have committed malpractice when they deviate from the accepted “medical standard of care” by neglecting to treat patients how other competent providers might have treated them under similar circumstances. If that deviation results in significant harm, a medical malpractice case might be justified, though the plaintiff will still have to show that:
- A duty of care was owed – The provider owed a duty of care to the plaintiff by taking him or her on as a patient.
- This duty was breached – The plaintiff’s treatment violated or “breached” the medical standard of care.
- That breach led to injury – The plaintiff was directly injured by that breach of duty.
- Damages were sustained – The plaintiff sustained damages because of the medical injury.
Demonstrate every element is no easy task. It usually demands comprehensive understanding of the relevant treatments and procedures, the medical profession’s codes of conduct, and the law to unearth an actionable breach of duty. Moreover, any allegations will have to be supported by strong evidence if you hope to overcome the public’s inclination to give doctors and caregivers the benefit of the doubt, such as medical records, statements by other providers and witnesses, or testimony from medical experts.
Fortunately, our Indiana medical malpractice lawyers are highly proficient at putting together complex cases of medical misconduct and presenting them as clearly and compellingly as possible to a judge, jury, insurer, or other decision maker.
Why Indiana Medical Malpractice Cases Are So Challenging
Skilled legal assistance can be vital to retain because medical malpractice cases are among the most challenging in personal injury litigation, particularly in the State of Indiana, which imposes hard ceilings on how much a plaintiff can be awarded along with other onerous constraints.
In fact, Indiana was the first state in the nation to pass a medical malpractice cap all the way back in 1975, when the Medical Malpractice Act set the maximum amount of compensation that medical malpractice victims can receive for their injuries at $1.25 million.
In the current year, Indiana medical malpractice victims can receive up to $1.8 million for both their noneconomic and economic damages. Although $1.8 million certainly isn’t nothing, it may not even cover a patient’s medical bills in some instances, not to mention the further costs that may emerge over the course of a lifetime.
The challenges associated with an Indiana medical malpractice case don’t end there either, since the at-fault caregivers may not have to pay everything that does get awarded. The Act stipulates that providers and their medical malpractice insurance carriers don’t have to pay more than $500,000.00 for any single claim. Damages above that figure will have to be sought from the Indiana Patient’s Compensation Fund (PCF), a state-administered program that was created to deal with these overages.
As you can see, there are many regulatory hurdles you may have to overcome following a medical injury in Indiana, but Hensley’s meticulous Indiana medical malpractice attorneys will dot every “i” and cross every “t” needed for a viable claim.
Common Causes of Medical Malpractice
There are approximately 940 medical malpractice cases filed in Indiana and more than 17,000 filed throughout the country each year, each asserting some type of misconduct by a caregiver. Among the most common causes of medical malpractice are:
- Failure to diagnose, misdiagnosis, and delayed diagnosis
- Improper use of diagnostic equipment
- Surgery and non-surgical procedure mistakes
- Excessive or insufficient anesthesia
- Birth injuries
- Negligent care
- Infections secondary to unsanitary or unclean conditions
- Physical, sexual, or mental abuse
- Prescription errors and dangerous medication reactions
- Medical device malfunctions
Yet regardless of what the cause of your medical injury ultimately is, you can count on our knowledgeable Indiana medical malpractice lawyers to determine how best to proceed against the defendants liable for it.
Who Can Be Liable for
Medical Malpractice
This raises an important question: Exactly who can be liable for medical malpractice? Doctors normally come to mind whenever medical malpractice lawsuits are mentioned, but the reality is that many kinds of caregivers can bear legal and financial responsibility for malpractice, such as:
- Doctors
- Nurses
- Pharmacists
- Therapists
- Paramedics
- Technicians
- Hospitals
- Nursing homes
- Rehab centers
- Drug and device manufacturers and distributors
Very often, multiple defendants will share blame for the same medical injury, and you must go after each of them within the time allotted by law or be forever barred from obtaining what you deserve, the sort of senseless slipup that won’t happen when Hensley Legal Group is on the case.
How Our
Indiana Medical Malpractice Attorneys
Can Help
If you hire Hensley, we will begin by carrying out a thorough investigation to identify the defendants who contributed to your medical injury, then establish valid claims against them and potentially file a lawsuit as well in a court with the power to issue a binding judgment.
Next, our Indiana medical malpractice attorneys will move swiftly to amass irrefutable proof of liability, subpoenaing every page of pertinent documentation and coordinating their efforts with medical specialists who can bring critical insight to the table when necessary.
Once an airtight case has been assembled, we will enter into exhaustive negotiations with the defendants’ insurance companies in order to get you a settlement that reflects the totality of your losses, including your:
- Past, present, and future medical expenses
- Lost income
- Diminished long-term revenue
- Pain and suffering
- Psychological trauma
- Impaired mobility
- Reduced quality of living
- Loss of consortium
- Punitive and wrongful death damages (if applicable)
And should an offer not be put forth that is worthy of your claim, our tenacious Indiana medical malpractice lawyers are more than willing to go to trial to secure a verdict that is, and additional recovery can be pursued from the PCF when the situation warrants it.
You Won't Owe Us Anything
Unless We Win Your Case
If you are reluctant to spend more money when you can least afford it, you should be aware that Hensley’s attorneys operate on a contingency basis. This means that you won’t owe us anything unless we win your case.
You may have already been deeply disappointed in someone you trusted to help you, but we vow to do whatever it takes to reward your faith in our firm.
Reach Out to Our Indiana Medical Malpractice Lawyers
Hensley Legal Group has been getting justice for hardworking Hoosiers like you for more than a quarter century. If your world has been turned upside down by a serious medical injury, reach out to our Indiana medical malpractice lawyers to discover how they can set things right again.
Just call our office at (317) 472-3333, chat with us online, or fill out our contact form to arrange a complimentary case review with an accomplished Indiana medical malpractice attorney now.
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