Were you harmed by someone who was supposed to help you? Many patients seek healing from doctors only to receive a further injury. If you suffered harm at the hands of a healthcare professional, you are not alone. Contact the Indiana medical malpractice lawyers at Gerling Law today: (888) 437-5464
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 in Indiana, 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 an Indiana 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 Indiana medical malpractice attorneys at Gerling Law by sending an online message or calling (888) 437-5464 today for 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 in an Indiana medical malpractice case.
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 in Indiana 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.
Examples of Medical Malpractice in Indiana
If you have suffered from one of the common medical errors below contact an Indiana medical malpractice attorney.
Affecting almost 1.5 million people each year, medication errors can come in a variety of forms. For example, a healthcare professional may prescribe:
- The wrong dose,
- A medication that caused a bad reaction,
- A combination of medications that counteract or result in a negative impact on your health, or
- The wrong medication altogether.
Patients can protect themselves by always asking questions about medications they are given and disclosing any prescription or over-the-counter drugs they are taking before they are prescribed a new medication.
Excessive Blood Transfusions
Many of medical professionals believe that the more blood cells given to a patient, the more likely they are to contract an infection. Over half of blood transfusions given in the United States were considered inappropriate in one study.
Before any patient undergoes a transfusion, loved ones or the patient should ask why the procedure is necessary. Never be afraid to ask as many questions as you need to feel comfortable with the treatment.
Premature Babies And Too Much Oxygen
Finding the right balance of too much oxygen and not enough can be particularly difficult in premature babies. Giving too much oxygen to a premature infant can cause blindness, so finding the right balance based on the baby’s weight is imperative. This one simple thing can have lasting ramifications, so parents of pre-term babies should never be afraid to question the amount of oxygen their child is receiving.
Infections Picked Up In Hospitals And Clinics
Per the Centers for Disease Control and Prevention, hospital infections are contracted by about one in every 25 patients. This error has a simple fix, as you can remind providers to always wash their hands or wear gloves before treating you or a family member.
Failing To Diagnose Or Misdiagnosing
Many medical conditions are difficult to diagnose. They may share similarities and symptoms. Others are a little bit easier, with simple tests and procedures that make it possible to identify the condition sooner.
A misdiagnosis or the lack of a diagnosis has the potential to threaten your life in some cases. In others, it means living in pain or with unusual, confusing symptoms far longer than is necessary.
For example, someone developing Type I diabetes may feel unwell for quite a while and present with symptoms of diabetes but not be diagnosed. If he or she is not diagnosed rapidly, it’s possible that he or she could go into ketoacidosis or end up passing away from the disease.
It’s been estimated that approximately 12 million Americans go without the correct diagnosis of a condition each year. That means that those individuals may think they have a condition they don’t actually have, or they may not be treated for a condition they do. A misdiagnosis can lead to serious consequences, and around 40,500 people die each year because of them.
Should I Hire a Medical Malpractice Lawyer in Indiana?
Experienced Indiana medical malpractice attorneys 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 a skilled attorney on your side.
At Gerling Law, our medical malpractice attorneys in Indiana will handle 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 Indiana 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.
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, loss of enjoyment; and
- Punitive damages for particularly reckless behavior.
Our Indiana medical malpractice lawyers 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.
Over $500 Million in Recoveries
Contact our Indiana Medical Malpractice Attorneys for a Free Consultation
Gerling Law has over five decades of experience helping clients through challenging and emotional times. We understand the complexities of medical malpractice cases and are ready to fiercely represent you every step of the way. Our team offers patience and compassion while fighting aggressively for the justice and compensation you deserve.
If you or a loved one has been the victim of medical malpractice in Indiana, contact our office online or call (888) 437-5464 today. You can expect to receive honest legal advice and have any questions answered during your free case evaluation.