Were you harmed by someone who was supposed to help you? Many patients seek healing from doctors only to receive further injury. If you suffered harm at the hands of a healthcare professional, you are not alone.
Medical error, which kills 250,000 Americans each year, is the third leading cause of death in the United States. Many other patients are injured by their care providers. Around 40% of all patients believe providers made errors in their medical care. As these statistics show, medical error is out of control in the US.
If you or a loved one was a victim of medical error, you can sue. You may not feel comfortable bringing a lawsuit—many victims don’t feel like they fit the plaintiff stereotype. However, a medical malpractice lawsuit can help you and others. By filing a medical malpractice lawsuit, you can urge doctors and other medical professionals to improve their practices. Your legal action may be able to spare other patients the harm you suffered.
If you are considering a medical malpractice lawsuit, contact the knowledgeable attorneys at Gerling Law to set up a free consultation. To learn more about how a medical malpractice lawsuit can help you, keep reading.
Do I Have a Case for Medical Malpractice in Indiana?
If a healthcare provider harmed you, they could be liable for medical malpractice. To prove that a healthcare provider is liable for medical malpractice, you must show the following elements.
Deviation from Standard of Care
Medical care does not always result in healing. If a doctor performs a procedure that doesn’t heal you, that doesn’t necessarily mean the doctor committed medical malpractice. To be liable for medical malpractice, the healthcare provider must deviate from the standard of care. This means the provider did not act like a reasonable healthcare provider would.
Medical Negligence Caused Injury
Even if a doctor deviated from the standard of care, you have no case unless you were injured. If your healthcare provider’s medical negligence caused your injury, you may have grounds for a medical malpractice lawsuit.
When you have an injury caused by a healthcare provider’s negligent action, you must have damages in order to sue. This means that the court can award you significant compensation for your injury. If your injury is worth only minor compensation, it may not be worth suing.
What Is Medical Malpractice?
Medical malpractice happens when a doctor, nurse, or other healthcare professional acts or fails to act in a way that harms a patient. Medical malpractice might result from these actions:
- Making a diagnosis error,
- Misreading lab results,
- Failing to perform appropriate testing,
- Making a prescription error,
- Performing unnecessary surgery,
- Discharging a patient prematurely, and
- Failing to provide follow-up care.
These errors might result when a healthcare provider deviates from the standard of care. If you have been injured from any of these medical errors, you may be able to sue.
Should I Hire a Medical Malpractice Attorney?
A medical malpractice attorney can help you get compensation for your injuries. When you sue a healthcare provider, you must go up against big bureaucracies and insurance companies. This challenge is not something you should confront without an experienced attorney on your side.
At Gerling Law, our medical malpractice attorneys will complete the following steps in an effort to get you maximum compensation:
- Meet with you for a free consultation;
- Investigate all evidence related to your medical injury;
- Calculate damages based on your injury;
- File a claim with the medical malpractice review panel;
- File a medical malpractice lawsuit;
- Attempt to settle with the insurance company; and
- Proceed to trial if settlement talks are unsuccessful.
It is essential that you hire a medical malpractice attorney who is willing to take your case to trial. Law firms without the resources or dedication to take your case to trial can expect lower settlement offers. Our lawyers for medical malpractice make every effort to obtain a maximum settlement and spare you the stress of a trial. However, when insurance attorneys know we won’t hesitate to go to trial, they may be willing to offer more money.
You must contact an attorney as soon as you realize that a healthcare provider injured you. In most cases, you have only two years from the date of the medical malpractice to take legal action, though exceptions apply. Contact our medical malpractice attorneys to find out the statute of limitations for your case.
Damages in Medical Malpractice Cases
When you file a medical malpractice lawsuit, you seek damages, or monetary compensation, for the harm you suffered.
Types of Damages
You may receive compensation for these types of damages:
- Economic damages such as medical bills, lost wages, and loss of future earnings;
- Non-economic damages such as pain and suffering and loss of enjoyment; and
- Punitive damages for particularly reckless behavior.
Our lawyers for medical malpractice will help you calculate all available damages for your claim as we fight for your maximum compensation.
Limits on Damages
Sometimes the total damages we calculate may exceed limits placed by the State of Indiana. You may recover damages for a medical malpractice claim up to these maximum amounts:
- When medical malpractice happened before July 1, 2017, the plaintiff’s damages cap is $1,250,000;
- When medical malpractice occurred between July 1, 2017, and June 30, 2019, the plaintiff’s damages cap is $1,650,000; and
- When medical malpractice occurred on July 1, 2019, or later, the plaintiff’s damages cap is $1,800,000.
Don’t worry about bankrupting your healthcare provider by recovering damages. Most healthcare providers carry professional liability insurance in case they make a mistake. A healthcare provider’s liability insurance covers a portion of your damages, and the Indiana Patient’s Compensation Fund covers the rest.
Get a Free Review of Your Medical Malpractice Case Today
If you were harmed by a healthcare provider, you need to talk to a medical malpractice attorney. At Gerling Law, we help victims of medical malpractice get the compensation they deserve.
Here are a few things you should know about our firm:
- We have been representing victims of medical malpractice for decades;
- We have recovered hundreds of millions for injury victims; and
- We charge you nothing until we win your case.
Contact us today for a free consultation. We’ll review your case and let you know your legal options. It’s time to fight back against those who hurt you. Go with Experience. Go with Gerling.™