What is medical malpractice?
Our attorneys are very familiar with the Indiana Medical Malpractice Act which controls medical malpractice cases. Medical malpractice occurs when a hospital, doctor, dentist, pharmacist, or other health care professional, through a negligent act or omission fails to meet the standard of care to which physicians are held in like circumstances and cause injury to a patient. The malpractice might be the result of errors in diagnosis, treatment, aftercare, or health management.
To be considered medical malpractice under the law, a claim must:
- Be a violation of the standard of care recognized by the profession. A patient has the right to expect that health care professionals will deliver care that is consistent with these standards. If it is determined that the standard of care has not been met, then malpractice may have occurred. The violation, if there was one must be proven by expert testimony and the claim must be presented to a medical review panel before suit can be filed.
- Show the injury resulted in significant damages. Medical malpractice lawsuits are extremely expensive to litigate, requiring testimony of numerous medical experts and countless hours of deposition testimony and medical research. Therefore, the patient must show that significant damages resulted from an injury received due to medical malpractice.
Examples of medical malpractice include:
Medical malpractice can take many forms. Below are some instances of medical negligence:
- Failure to accurately diagnose an injury or condition
- Misreading or ignoring significant laboratory results
- Unnecessary surgery
- Surgical errors or wrong-site surgery
- Improper medication or dosage
- Poor follow-up or aftercare
- Premature discharge
- Disregarding or not taking appropriate patient history
- Failure to order proper testing
- Failure to recognize symptoms and signs
Indiana statute of limitations
Typically, the statute of limitations for filing a medical malpractice lawsuit is two years as stated in the Indiana Code section 34-11-2-4 from the date the malpractice was known or should have been discovered by a reasonable person.
If you think you have a legal malpractice case, get a free case evaluation by contacting our experienced attorneys using the form at the bottom of the page, or call 574.232.3538 now.
No fees unless we win
Our attorneys are deeply committed to making sure victims of legal malpractice receive the comprehensive legal representation and compensation they deserve. You pay nothing unless we win. Call 574.232.3538 for a free case evaluation or complete the form below.
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The longer you wait, the colder the investigation trail gets because the evidence is misplaced and destroyed.
- Memories fade
- Important details simply drop out of sight
Insurance companies will be doing their own investigation of the incident. They do this for good reason…the investigation trail goes cold.
Don’t put your attorneys at a disadvantage by waiting! Call 574.232.3538 or complete the form below. We will get back to you as soon as possible.
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