Medical Malpractice Archives

Feb 11, 2021 | By Gayle Gerling Pettinga | Read Time: 5 minutes | Car Accident

Examples of Wrongful Death Cases

Losing a loved one is a difficult thing for anybody. Losing a loved one due to someone else’s negligence can be even harder. Lives are cut short every day for many reasons, but losing a loved one in an accident caused by someone else’s negligent actions is especially tragic. When such an event happens, the family of the person who died is entitled to compensation. Wrongful death suits occur when someone who has lost a loved one due to someone else’s negligence files a claim against the individual responsible for the death. In 2019 more than 170,000 people lost their lives in the US from accidents or unintentional injuries. In fact, such accidents are the third leading cause of death in the US. While accidents happen in an almost infinite number of different ways, some wrongful death causes are more common than others. Here are some examples of wrongful death causes. Car Accidents There is no way to ignore the fact that driving a vehicle can be dangerous. While many of us may go years without getting into a car accident, others are not so lucky. Many wrongful death lawsuit cases happen each year after fatal car accidents. Generally, if a driver’s negligent actions cause a death on the road, they are liable for the wrongful death. The number of car accident fatalities each year may surprise you. More than 38,000 people die in car accidents each year. In 2020, while there was less traffic volume than normal due to the COVID-19 pandemic, the number of vehicle fatalities rose. Some experts say that the increase in fatalities was due, in part, to increased rates of speeding in the US. If a loved one dies after a car accident that someone else negligently causes, you are entitled to compensation through a wrongful death claim. Some of the most common causes of death after car accidents stem from things like: Brain injuries, Neck injuries, and Internal bleeding. The two best things you and your loved ones can do to avoid suffering a fatal injury in a car accident are wearing your seatbelt and avoiding distractions while driving. Defective Products Defective products lead to numerous wrongful death claims each year. Most consumer products producers are responsible for ensuring consumer safety as long as their products are used as intended. Some products are inherently dangerous, but other times, a consumer product can have a fatal defect. For example, a cooking utensil that leaches deadly chemicals into food as it is used as intended can lead to a wrongful death claim against a manufacturer. Similarly, a safety feature in a vehicle that doesn’t work properly, like a seatbelt that comes unbuckled easily in an accident, can easily cause fatal injuries and leave the manufacturer liable for wrongful death claims. Even an inherently dangerous consumer product, such as a gun, comes with an assumption of safety with proper use. A defective part in a gun that causes a chambered round to go off without the user pulling the trigger can easily lead to a wrongful death claim. When a manufacturer of goods is made aware of a dangerous defect in their product, they are responsible for notifying the public of that defect and recalling any defective products. They are also responsible for replacing those products free of charge. Boeing became responsible for numerous wrongful death claims after a design flaw caused some of their 737 Max commercial aircraft to crash in 2018. Since then, in addition to settling wrongful death claims, Boeing has recalled and replaced all of the affected 737 Max airplanes. If you want to keep track of any consumer product recalls to help ensure your safety, the US Consumer Product Safety Commission (CPSC) is the best place to do so. The CPSC website contains a database of all consumer product recalls. You can even subscribe to the CPSC to get a newsletter of product recalls relevant to you. Workplace Accidents Unfortunately, many accidents happen in the workplace. While all employers must provide their employees with a safe workspace, some employers fail to do so. Even an employer who takes all necessary precautions can have a fatal accident occur at their workplace. In addition, some jobs and workspaces are more dangerous than others. For example, a construction site will typically be more dangerous than an average office. While the vast majority of workplace injuries are nonfatal each year, the number of fatal injuries is still significant. Employers in the US reported 2.8 million nonfatal injuries in 2019. During the same period, however, a total of 5,333 workers died due to workplace injuries. If a loved one dies after a workplace accident, you can file a claim through their employer’s workers’ compensation program. Most employers in the US are required to maintain workers’ compensation insurance. However, if a loved one dies due to negligence by someone other than their employer or coworker, or if the employer did not carry workers’ compensation insurance, you may be able to seek additional compensation through a wrongful death claim. Medical Malpractice Medical malpractice commonly gives rise to wrongful death claims. Medical malpractice is estimated to take roughly 250,000 lives each year. Generally speaking, medical malpractice occurs when an error in medical treatment leads to injury. If the patient dies due to a medical error, their loved ones are entitled to compensation through a medical malpractice wrongful death claim. To file a successful wrongful death claim based on medical malpractice, one must prove that the death was caused by a medical provider’s mistake that amounts to a violation of the medical standard of care. Pedestrian Accidents Another common source of wrongful death claims is pedestrian accidents. Unlike when a car strikes another vehicle, when a car strikes a pedestrian, the pedestrian does not have the protection that a vehicle offers. Thus, a pedestrian receives the full force of impact when a car strikes them. As a result, it is not uncommon for injuries to a pedestrian after being struck by...

Jan 14, 2021 | By Gayle Gerling Pettinga | Read Time: 3 minutes | Dangerous Drugs

Who Can File a Wrongful Death Lawsuit in Kentucky?

When you lose a loved one due to someone else’s actions, you may experience many emotions. Naturally, you feel grief and anger. You may also wonder how you can achieve justice for your loved one and prevent others from experiencing similar harm. At Gerling Law, we can’t take away your pain. However, we can help you pursue justice. We can help you hold the person who caused your pain accountable for their actions. Our compassionate attorneys have been representing victims and their families for decades. If you would like to speak with one of our knowledgeable lawyers, call anytime for a free consultation. When many clients initially speak with us, they’re not sure if they can sue for their loved one’s death. Here, we provide an overview of who can file a lawsuit for wrongful death and what such legal action involves. What Is a Wrongful Death Lawsuit? The goal of a wrongful death lawsuit is to compensate the surviving family for the harm they have suffered. Before considering a Kentucky wrongful death lawsuit, you should know what the term actually means. Wrongful death is the death of a person caused by the negligent or wrongful act of another. This wrongful act could be unintentional or purposeful. In other words, someone does not have to intend to kill your loved one for it to be a wrongful death. A person or company might be responsible for your loved one’s death. For instance, if a drunk driver hits your loved one, that individual should be held responsible. However, if a sober driver hit your loved one after her brakes malfunctioned, the auto manufacturer may be liable. Who Can File a Kentucky Wrongful Death Lawsuit? In Kentucky, the personal representative (executor) of the deceased’s estate can file a wrongful death lawsuit. The probate court names a personal representative based on the instructions in the deceased’s will or the preference of the judge. While the personal representative files the wrongful death lawsuit, most of the lawsuit proceeds go to the deceased’s estate and surviving family members. Funeral and burial expenses, as well as attorney fees, go to the estate. But then the remainder of the award goes to the deceased person’s surviving family members. Payment is awarded according to these rules: All to the surviving spouse if there are no surviving children; If there are a surviving spouse and surviving children, half to the spouse and half divided among the children; If there is no surviving spouse, all divided among the children; or If there is no surviving spouse or children, all to the surviving parents. If there is no surviving spouse, children, or parents, the wrongful death award goes to the estate. After paying debts, the award will be distributed according to the deceased’s will or intestate succession rules. What Damages Are Available? A wrongful death lawsuit compensates family members for the harm they have suffered as a result of their loved one’s death. You can sue for these damages in a wrongful death case: Pain and suffering, Loss of companionship, Loss of support, Loss of care, Funeral and burial expenses, and Attorney fees. You may also be able to request punitive damages for intentional harm or gross negligence. These damages go beyond compensating your family for the harm suffered. Instead, they serve the goal of punishing the person for their wrongful actions. The State may choose to criminally prosecute the defendant, but that is a separate legal action. A criminal prosecution punishes a wrongdoer by taking away their freedom. A wrongful death lawsuit is a civil action that will not put the defendant behind bars but seeks to financially compensate your family for the death of your loved one. If you think you might have a Kentucky wrongful death claim, you should contact an experienced attorney. At Gerling Law, we have helped grieving family members with wrongful death claims in Kentucky for decades. We have the experience to get the results you deserve while showing you compassion and respect. Contact our law firm for a free consultation. You’ll have the opportunity to ask questions and get to know our knowledgeable legal team. If we think we can help you, you should know that we work on contingency. This means you owe us nothing until we win your case. Review our decades of winning cases here, and call us when you’re ready to talk. Don’t trust the fight for justice and your family’s financial future with just anyone. Remember: Go with Experience. Go with Gerling.®

Sep 18, 2020 | By Gayle Gerling Pettinga | Read Time: 4 minutes | Dangerous Drugs

What Is the Average Wrongful Death Settlement?

Losing a loved one in an accident leaves their family and friends devastated. As they move through the stages of grief, they begin searching for answers and recognize the financial stresses associated with the loss of a loved one. Potential plaintiffs often ask what a wrongful death lawsuit average is when deciding if they want to pursue one. Unfortunately, there is no one average number. No two cases are exactly alike, so there is no way to compare cases to each other. The amount of compensation you can receive will depend on a number of factors. Understanding what a wrongful death claim requires and how damages are calculated can help the family decide how to proceed. What is a Wrongful Death Suit? Wrongful death is a civil claim brought by the deceased’s surviving family or personal representative against the negligent party. It is completely separate from a criminal charge, with a different burden of proof. Every state defines wrongful death in their own way, but there are common elements: Duty of Care. The plaintiff must show that the defendant had a responsibility to avoid behaviors that could cause foreseeable harm to the plaintiff (the deceased); Breach of Duty. The plaintiff must show that the defendant violated their duty of care; Causation. The defendant’s violation/breach caused the person’s death; and Damages. The deceased and their family suffered injury or damage as a result. In these situations, the family has the option to file a wrongful death lawsuit and seek compensation. What Damages Are Available in a Wrongful Death Case? A wrongful death claim covers those losses experienced by the next of kin after the deceased’s death. These can include: Loss of future inheritance, Loss of parental guidance (if they had minor children), Loss of spousal companionship (also called consortium), Loss of the decedent’s benefits such as retirement, and Loss of the decedent’s future income. Depending on your state, you may also be able to pursue a claim for losses suffered by the deceased prior to their death, such as medical expenses and pain and suffering. Your attorney can help you understand the laws that apply to you. How Are Wrongful Death Damages Calculated? Because each case is so different, it’s hard to name a number, or even a range, for damages. However, there are several factors that may affect a settlement amount. Usually, the main consideration is the decedent’s status and circumstances at the time of death. Factors to consider include: Age of person at time of death; The deceased’s career, education, and earning capacity; Their state of health; Income at time of death; and The age and needs of the deceased’s legal dependents. The final amount of damages cannot be a guess. It must be supported by objective evidence, which can require expert witnesses. Because of this, it is so important to have a personal injury attorney on your side who knows how wrongful death cases work. If a case does reach a jury, the plaintiff can also ask for punitive damages. Punitive damages are intended to punish a defendant whose conduct is considered grossly negligent or intentional. Some states put a cap (limit amount) on this category. In Indiana, punitive damages are capped at the greater of three times compensatory damages or $50,000, whichever is greater. Kentucky and Illinois do not limit punitive damages. Who Can Bring a Wrongful Death Claim? Each state has its own laws stating who has standing to bring a wrongful death claim and who can collect damages. Usually, only immediate family members like spouses, children, and parents of unmarried children can recover damages in a wrongful death suit. Often, these individuals also have standing to bring the wrongful death suit. However, many states require a deceased’s personal representative (executor, executrix, or court appointed administrator) to bring suit on behalf of the family members. Is a Wrongful Death Settlement Taxable? The IRS considers any portion of a settlement or award that is “compensatory” as non-taxable. Compensatory damages are intended to repay someone for a loss that they have already sustained and are not considered “income” for tax purposes. If the case goes to trial and a jury awards punitive damage, the result may be different. It is possible that any punitive damages in a jury award or settlement may be taxed. How a Wrongful Death Lawyer Can Help You Navigating a wrongful death claim can be complicated and overwhelming. You may be grieving and wondering if a claim is in the family’s best interest. Sometimes insurance companies contact family members shortly after an accident and offer an amount that seems substantial. But in most cases, their offer will be significantly less than the family’s actual losses. A wrongful death claim will take an additional toll on everyone involved, so having an attorney is essential. First, they will be your advocate against the responsible party, insurance company, or opposing counsel. They know the law and how to navigate the legal system on your behalf. The loss of a loved one cannot be reclaimed through a personal injury action. But a claim can compensate a family for emotional and economic harms so that they can begin to move forward. An experienced lawyer can help you negotiate a settlement or represent you at trial if necessary. Suffering the Loss of a Loved One? Go with Experience. Go with Gerling. Did you lose a family member or loved one due to the negligent actions of another? The team at Gerling Law is incredibly sorry for your loss, and we want to help you if we can. Our attorneys are dedicated advocates who will fight hard to get you the compensation you deserve after such a tragedy. We have successfully represented clients in Indiana, Illinois, and Kentucky in wrongful death suits and other personal injury matters for over 50 years. Call us at 866-651-2195 or fill out our online contact form to schedule a free case consultation today!

Sep 17, 2020 | By Gayle Gerling Pettinga | Read Time: 4 minutes | Medical Malpractice

Do I Have a Medical Malpractice Case?

When you are sick or injured, you trust healthcare workers to do their best to heal you. But when a medical professional fails to uphold the standard of care expected in their field, a patient can suffer serious health consequences. If you’ve suffered injuries due to the actions of a doctor, nurse, or other medical professional, you may be wondering, Do I have a medical malpractice case? You can seek compensation by filing a claim against the negligent party. In Illinois and Indiana, this is known as a medical malpractice suit. In Kentucky, it is known as medical negligence, but the claims are essentially the same. There are several common causes of medical malpractice lawsuits. An experienced medical malpractice attorney can help you understand whether you have a claim and how to pursue compensation. Common Medical Malpractice Causes While negligence can happen at any time during treatment, there are some common situations that result in medical malpractice. Diagnosis Errors & Failures A common malpractice situation is when a healthcare professional misdiagnoses or fails to identify the patient’s condition. If a condition is left uncorrected, the patient can suffer injury, and the condition may need serious intervention to correct later on. Medication Errors/Medical Records Mismanagement Proper recordkeeping and patient tracking is a vital part of providing competent care. If a patient’s records aren’t current and all treatments and medications tracked, a doctor or nurse might accidentally make a serious error. Anesthetic/Surgical Errors Surgery takes a high level of skill and education. Procedures on nerves, blood vessels, arteries, or vital organs are delicate, and mistakes can cause serious injuries. In addition, anesthesia is a critical part of surgical and medical care. Doctors who specialize in this area of medicine must make sure drugs are administered in a safe manner. What Can Make or Break Your Medical Malpractice Claim? A malpractice suit may be warranted when a medical worker’s actions fail to meet the accepted standard of care for their profession. If a patient suffers further injury or illness as a result of those actions, they can seek compensation. The basic elements of a medical malpractice claim are: Person owed a professional duty to the patient; They breached that duty; The breach caused the patient’s injury; and The patient suffered damages as a result. However, medical malpractice cases are complex and technical. They require proper evidence and expert opinions, which is why seeking legal help is important. It is the best way to make sure your case isn’t dragged down by common pitfalls. Standard Of Care A medical provider’s duty depends on the professional standard of care that applies to them. Many medical malpractice cases are tossed out because the plaintiff couldn’t prove that the defendant deviated from the standard of care that would be expected of a physician with similar education and training. Rare complications, unforeseeable issues, or bad luck may not be negligent if the professional performed as someone in their position should. In these cases, recovery is unlikely. Proving Causation Another issue can occur if the defendant is able to challenge causation. They may argue that another factor was the cause of the patient’s injury or that their actions did not affect the patient’s outcome. Proving Damages The final element of the claim requires you to show the malpractice resulted in measurable damages. If you can prove malpractice but cannot show that an injury resulted, you will not be able to win your case. A plaintiff needs proper supporting evidence, often backed by expert opinion. This includes documentation of necessary corrective medical care, future medical costs, lost wages, and more. If you cannot prove any actual damages resulted, you will not be able to recover from the negligent party. Ultimately, having the right evidence and the right experts will make your case. Any legal proceeding can be complicated, but the technical complexity of medical malpractice claims means that they require special experience and skill to prove. Seek Legal Help as Soon as Possible Medical malpractice laws are complicated, and the time for filing a claim is limited by your state’s statute of limitations. This time limit can quickly evaporate if the patient’s recovery takes a significant amount of time. Many states now require a plaintiff to file an affidavit from an expert confirming a meritorious claim or provide evidence to a panel before proceeding with their suit. Because of this, it is important to contact an attorney as soon as possible. They can assess your case to determine what legal course of action is right for you. An experienced medical malpractice attorney can help you gather the right documentation to prove your claim and tell you if your state has a cap on medical malpractice damages. Injured Due to Medical Malpractice? Go with Experience. Go with Gerling. If you want to know whether you have a medical malpractice case, contact Gerling Law today. If you or a loved one sustained serious injuries due to medical malpractice in Indiana, Illinois, or Kentucky, don’t let the bills pile up while you suffer and struggle to recover. Right now, you need an experienced medical malpractice attorney on your side, fighting to get you the compensation you deserve. The team at Gerling Law is here to help you get your life back. We have over 50 years of experience successfully representing people in Indiana, Illinois, and Kentucky, and offer a free case evaluation for potential clients. Call us at 866-651-2195 or fill out our online contact form to schedule an appointment today!

Apr 15, 2020 | By Gayle Gerling Pettinga | Read Time: 2 minutes | Medical Malpractice

Are You the Victim of Medical Malpractice?

Medical malpractice happens when your doctor or other healthcare provider fails to meet the standard of care expected of them. This can be anything from a simple misdiagnosis to wrongful death. Here is an example of medical malpractice. A female patient has been struggling with pneumonia of the right lung. Eventually, her doctor says she will need a minor procedure done to remove part of her right lung to remove the pneumonia because she was not getting better. The doctor promises this is a routine operation and she will be in and out of the hospital same day. Fast forward to six hours post-op. Her family is told to come to the hospital immediately as they might not have much time left. So, what happened? How did this simple routine operation caused by pneumonia turn into an almost fatal situation? This could be medical malpractice. The patient ends up losing almost 9 pints of blood. Keep in mind, that is the average amount of blood in the human body is 9 to 12 pints. Imagine how traumatic this situation was for not only the patient, but her loved ones. She spends almost an entire month in the hospital intensive care unit with a respirator down her throat. Eventually, when things calm down and she is stable, it’s revealed that during the operation, the surgeon realized it was not the right lung that needed to be operated on, like the doctor had informed him. In the end, the surgeon had to remove her entire left lung, which was completely black due to untreated pneumonia of the left lung. The Startling Truth in Numbers See how a misdiagnosis can lead to so much more? This is why it is vital for doctors to listen to their patients concerns. According to MedicalNewsToday, 1 in 20 adult Americans will be victim of some type of misdiagnosis every year. To put that into perspective more, that is approximately 12 million Americans. These numbers are not the amount of malpractice cases, this is solely the number of misdiagnoses. Why are these numbers so high? Negligence. Are there genuine mistakes made in the medical field? Of course. However, when something goes wrong as the result of a mistake, doctors need to be held accountable for what they have done. A lot of times doctors will deny what happened or refuse to speak on the matter. They will not even apologize for what has happened because that would mean admitting to guilt. Medical malpractice should not be taken lightly and needs to be addressed. Many people don’t look into medical malpractice suits. This is because they like their doctor a lot or have been with them for years. But recognizing these mistakes and acting on them protects not only you, but future patients to come. Gerling Law is a leading personal injury law firm dedicated to providing aggressive legal representation to individuals and their families. With over 50 years of experience, Gerling Law has helped thousands of people in Indiana, Illinois and Kentucky recover hundreds of thousands of dollars in a wide variety of personal injury and consumer protection cases, including trucking accidents, wrongful death, medical malpractice, nursing home negligence and social security disability. Gerling Law takes pride in the fact that we have never represented insurance companies, hospitals or large corporations and that we fight against powerful companies for our clients. If you need an experienced, dedicated personal injury lawyer, Gerling Law is here to help. You can always reach us at 888-GERLING (888-437-5464) or through our website at www.gerlinglaw.com.

Feb 26, 2020 | By Gayle Gerling Pettinga | Read Time: 3 minutes | Medical Malpractice

Is a birth injury 100% avoidable? Nearly always.

Some say there is no greater joy in the world than becoming a parent. After nine months of excitement and emotion, all you could want as a soon-to-be parent is a healthy and safe delivery. However, what happens when someone else’s negligence leads to your precious baby having a birth injury? The last thing you’ll want to worry about is having to seek justice for your innocent newborn because of someone else’s carelessness. We are here to help. Here are some things you should keep in mind if you’re expecting. Truth in numbers While you may think a birth injury is unlikely to happen to you, let’s look at the alarming statistics. Approximately 28,000 babies are born with a birth injury every year That is 1 in every 9,714 births 76 babies per day are born with some form of a birth injury Over 150,000 birth injuries occurred between mothers and babies during childbirth in 2006 (all avoidable) So, what can you do to best protect yourself and your unborn child? First, make sure you trust your OBGYN and their staff. If at any time you feel uncomfortable or as if they are not taking your health seriously, it may be time to find a new doctor. Birth injuries occur more often in tool-assisted births. This means the use of forceps or a ventouse (vacuum). Although safe births can happen with the use of these instruments, it is vital to discuss with your doctor why/if these are necessary for your delivery. Birth injuries or birth defects? Sometimes, it can be hard to determine whether or not the issue is a birth injury or a birth defect. And while birth injuries can sometimes happen despite all the proper steps taken, it is vital to make sure you have all the information. Lack of oxygen during birth can lead to conditions like cerebral palsy. However, it can also be the result of a birth defect. A birth defect is something that cannot be avoided, and is not the result of a doctor’s negligence. Who is liable? You might be wondering who is responsible for an injury inflicted during birth. Anyone whose care you are under, whether that be a nurse, OBGYN, family doctor, or other hospital staff can be held liable. The hospital as a whole can also be liable for its employees’ actions. When the day your baby arrives finally comes, make sure you feel comfortable and safe with your delivery team. And, if at any moment, you think you are being given the less-than-standard care that you deserve, it might be time to seek legal consultation. We can help. Gerling Law is a leading personal injury law firm dedicated to providing aggressive legal representation to individuals and their families. With over 50 years of experience, Gerling Law has helped thousands of people in Indiana, Illinois and Kentucky recover hundreds of thousands of dollars in a wide variety of personal injury and consumer protection cases, including trucking accidents, wrongful death, medical malpractice, nursing home negligence and social security disability. Gerling Law takes pride in the fact that we have never represented insurance companies, hospitals or large corporations and that we fight against powerful companies for our clients. If you need an experienced, dedicated personal injury lawyer, Gerling Law is here to help. You can always reach us at 888-GERLING (888-437-5464) or through our website at www.gerlinglaw.com.

Feb 19, 2019 | By Gayle Gerling Pettinga | Read Time: 2 minutes | Dangerous Drugs

Your Wrongful Death Attorney

Unfortunately, at Gerling Law, our professional team is familiar with accidents that result in wrongful death. If you know someone who has passed away due to another person’s negligent behavior, we offer our deepest apologies. This time is difficult, painful, and unfair. To make the situation worse, these particular types of cases are often constricted by a statute of limitations. You and your family should be grieving at this time, not stressing over the legal process. Therefore, we invite you to leave the law to us. An Attorney Can Help According to the Centers for Disease Control and Prevention, more than 90,000 deaths occur throughout the United States due to medical malpractice, which is just one example of wrongful death. Wrongful death can occur from many types of accidents, including the following: an automobile accident, a slip, and fall accident, a workplace accident, a product liability accident, and more. As stated time and time again, accidents do happen every single day. However, when the accident could have been prevented, then the responsible party needs to be held accountable for his or her negligent actions. An educated and skilled attorney can help you. Firstly, the legal process can often be complicated and tedious. Second of all, it goes without saying that most clients, rightfully so, do not have a clear mind during this trying time. From tracking down witnesses to making phone calls on your behalf, at Gerling Law, our main concern is you. Contact a Gerling Wrongful Death Attorney Today Gerling Law is a leading personal injury law firm dedicated to providing aggressive legal representation to individuals and their families. With over 50 years of experience, Gerling Law has helped thousands of people in Indiana, Illinois and Kentucky recover hundreds of thousands of dollars in a wide variety of personal injury and consumer protection cases, including trucking accidents, wrongful death, medical malpractice, nursing home negligence and social security disability. Gerling Law takes pride in the fact that we have never represented insurance companies, hospitals or large corporations and that we fight against powerful companies for our clients. If you need an experienced, dedicated personal injury lawyer, Gerling Law is here to help. You can always reach us at 888-GERLING (888-437-5464) or through our website at www.gerlinglaw.com.

Nov 20, 2018 | By Gayle Gerling Pettinga | Read Time: 2 minutes | Medical Malpractice

Are you a victim of medical malpractice?

It is possible that you could benefit from speaking to a medical malpractice attorney. You have undoubtedly heard of medical malpractice, but how familiar are you with the term? For example, did you know that according to the Centers for Disease Control and Prevention, ten percent of all deaths in the United States are caused by a medical error or mistake? Specifically, medical malpractice refers to any medical error that is preventable, meaning it should never have happened. Following the medical error, an injury generally occurs. These injuries can range in severity, and in worst case scenarios, lead to death. Need an Attorney? Any type of legal case can be complicated, confusing, and tedious. However, medical malpractice cases generally top the list, because they are expensive and hard to prove. Therefore, having a medical malpractice attorney on your side can be beneficial, as well as increase your chances of having a successful outcome. At Gerling Law, our professional team has years of experience with these types of cases. Unfortunately, there is a wide range of cases that fall under the medical malpractice umbrella, including the following: anesthesia, brain injuries, gastric bypass surgery, medication errors, wrong-site surgery, doctor and hospital errors, botched plastic surgery, and more. Since these types of cases run the spectrum, it is best to not fight alone. After all, you’ve been through more than enough. Leave the legal process to the professionals, allowing you to fully focus on getting healthy. Contact a Medical Malpractice Attorney at Gerling Law Now may not be the best time to think about the legal process and a settlement, though, medical malpractice cases are often constrained by a statute of limitations. And while there isn’t enough compensation in the world to counterbalance your negative experience, a monetary settlement can assist with medical bills, specialist fees, and missed wages. If you are in Evansville, Indianapolis, Louisville, or Owensboro, and you need a medical malpractice attorney, then contact Gerling Law today. Gerling Law is a leading personal injury law firm dedicated to providing aggressive legal representation to individuals and their families. With over 50 years of experience, Gerling Law has helped thousands of people in Indiana, Illinois and Kentucky recover hundreds of thousands of dollars in a wide variety of personal injury and consumer protection cases, including trucking accidents, wrongful death, medical malpractice, nursing home negligence and social security disability. Gerling Law takes pride in the fact that we have never represented insurance companies, hospitals or large corporations and that we fight against powerful companies for our clients. If you need an experienced, dedicated personal injury lawyer, Gerling Law is here to help. You can always reach us at 888-GERLING (888-437-5464) or through our website at www.gerlinglaw.com.

Nov 13, 2018 | By Gayle Gerling Pettinga | Read Time: 2 minutes | Medical Malpractice

Benefits of a Louisville Doctor’s Error Attorney

Anyone can make a mistake, and doctors are no exception to this rule. If you find that your doctor has made a medical mistake, you may need a medical malpractice attorney from Gerling Law to help you deal with the fallout. Unfortunately, not every attorney is willing to handle malpractice cases, meaning that you may need to shop around and find the right attorney to handle your case before you can proceed with it. Consider the benefits of hiring an attorney from our Kentucky law firm that specializes in this type of law. Why You Need a Louisville Doctor’s Error Attorney If you have been involved in a medical situation where your doctor committed an error, you want to hire an attorney who is well versed in this type of law. You will want to hire an attorney who is no stranger to medical malpractice, and who has won cases like this in the past. Malpractice cases are typically contingency cases, meaning that your attorney is going to take a percentage of the money that you receive in the settlement, rather than a flat or hourly fee. This is one benefit of a doctor’s error attorney. These types of attorneys are also well versed in receiving settlements rather than going to trial, meaning that they can usually get you a money award quickly. Why Consider an Evansville Medical Malpractice Attorney A medical malpractice attorney is an attorney that specializes in cases where a doctor, surgeon, or other medical professional has done something wrong while working within the scope of their license. Although this is not a common occurrence, it does happen, and sometimes it can lead to serious injury, higher medical bills, and even wrongful death. If you or a loved one has fallen victim to medical malpractice, make sure that you have a doctor’s error lawyer working on your case to help you deal with the fallout. The bills can become overwhelmingly large because of medical malpractice, and you are going to want to make sure that you have an attorney available to help you with the legal issues that follow. What to Expect When Hiring a Louisville Doctor’s Error Attorney Sitting down to consult with a doctor’s error attorney is an effective way to have your questions answered and to gain some understanding about your legal issue, so make sure to call us today to find out more about the legal issue that you’re facing. Give us a call today at Gerling Law by dialing 888-437-5464 to find out more about what we can do for you today.

Nov 6, 2018 | By Gayle Gerling Pettinga | Read Time: 2 minutes | Medical Malpractice

Why Consider an Evansville Medical Malpractice Attorney

A medical malpractice attorney is a lawyer that specializes in cases where a doctor, surgeon, or other malpractice has done something wrong in the practice of their job. Although this is not a common occurrence, it does happen, and sometimes it can lead to severe injury, higher medical bills, and even wrongful death. If you or a loved one has fallen victim to medical malpractice in Indiana, make sure that you have a medical malpractice lawyer from Gerling Law involved in your case to help you deal with the fallout. The bills can become overwhelming because of medical malpractice, and you are going to want to make sure that you have an attorney available to help you with the legal issues that follow. Do You Need an Evansville Medical Malpractice Lawyer? If you are struggling with a medical malpractice situation in Indiana, the odds are good that you are going to need a lawyer. There are so many legal issues surrounding medical malpractice that it will be difficult if not impossible to go through it alone, and so hiring an attorney is an effective way to make sure you have the representation that you need while answering your legal questions and putting your legal concerns to rest. What to Expect When Hiring an Evansville Medical Malpractice Attorney Hiring an Evansville medical malpractice attorney from our law firm will begin with a consultation, wherein you will learn if you’ll have a case, and you will have all your questions and concerns answered. This is a pivotal time to get to know your attorney and find out about the firm that you will be working with as well. If you believe that you are dealing with a medical malpractice situation in Evansville and you might need legal advice or assistance, it might benefit you to sit down with an attorney to discuss this issue. Consult with us today to find out if a medical malpractice attorney can meet your needs. Give us a call today at Gerling Law by dialing 888-437-5464 to find out more about what we can do for you.