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Medical Malpractice Lawyer

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What Is Medical Malpractice?

A lawsuit alleging medical malpractice is filed against a doctor or hospital by someone claiming they were injured due to negligence. The plaintiff must prove that the defendant was negligent and this negligence caused them harm. If the plaintiff wins the case, they will receive compensation for any damages suffered.

What to Know When Considering a Medical Malpractice Lawsuit

The first step in considering a lawsuit is determining if your case has merit. If it does not, it would be best to move forward with another option. However, if you feel that there is merit to your claim, you should consider hiring an attorney to represent you. You should also consider whether your state requires a certain amount of time before filing a suit.

Examples of Medical Malpractice

The most common types of malpractice claims involve negligence during surgery, treatment of a patient by a doctor, failure to diagnose a disease or injury, failure to provide adequate care, and improper prescription of drugs.

What are the signs of medical malpractice?

The most common medical malpractice claims involve negligence by a doctor or nurse during surgery, childbirth, emergency care, or treatment of a patient. Other types include failure to diagnose or treat a disease properly, prescribing dangerous medications, failing to follow proper procedures, administering incorrect dosages, or performing unnecessary tests.

How can I know if I have been the victim of medical malpractice?

If you believe a doctor or hospital harmed you, it is essential to consult with a qualified attorney before filing a lawsuit. Your attorney will review all available evidence, including medical records, depositions, expert witness reports, and any other documents related to your case. The attorney will then determine whether you have a strong claim against the defendant.

What do I need to prove in a medical malpractice lawsuit?

The plaintiff must show that the defendant was negligent, which means they failed to meet the standard of care required by law. This includes proving that the doctor did not follow accepted standards of practice and that this failure caused harm to the patient.

How can I claim medical malpractice?

If you believe that you were harmed by the negligence of someone working in the healthcare industry, you may be able to file a lawsuit against them.  To do this, you must first determine whether the defendant was acting within the scope of their employment at the time of the incident. This means that they performed services for the employer's benefit and not just for their gain. If you feel that the defendant has acted negligently, you should consult with a medical malpractice attorney. They will advise you of the best course of action to take based on the facts of your case.

How much do attorneys charge to help clients in medical malpractice cases?

The cost of legal representation varies widely depending on the type of case, the attorney’s experience level, and whether the client hires an expert witness. A typical fee range for a medical malpractice lawsuit is between $10,000 and $50,000.

How soon should I contact a lawyer if I suspect medical negligence?

The sooner you speak to a lawyer, the better chance you have of getting compensation. If you wait too long, it will be harder to prove that the doctor was at fault.

How Common Are Medical Errors in Indiana

The most common type of medical error is a mistake made during surgery, which occurs in 1% of all surgeries. Other types include mistakes made by physicians prescribing medications or ordering tests and diagnostic errors where a physician makes a wrong diagnosis.

What if another lawyer rejected my medical malpractice lawsuit?

The first thing you should know is that it’s not unusual for lawyers to reject cases. Lawyers are under pressure to turn down issues they think will lose. They don’t want to waste their time on something they believe has little chance of winning.  However, it’s important to remember that rejecting a case doesn’t mean that you won’t get paid. You could still win your case even when your lawyer denies it. Indiana Medical Malpractice Attorneys A Hoosier injury attorney is a specialist in handling medical malpractice claims. They usually work closely with other specialists like surgeons, radiologists, pathologists, and others involved in the treatment of patients. You can also visit their website  https://injuryattorneys.com/.

Frequently Asked Questions

  • What Are the Four Elements of Medical Malpractice?

To win a medical malpractice suit, the plaintiff must prove four elements:

  • Duty
  • Breach
  • Causation
  • Damages

 Duty is the obligation of the defendant to act reasonably.  The breach is when the defendant fails to perform as promised.  Causation is the connection between the defendant’s actions and the injury suffered by the plaintiff.  Damages are the financial losses sustained by the plaintiff due to the defendant’s failure to meet its obligations.

  • Can I Sue My Doctor For Medical Negligence Without Going Through Mediation?

Yes, but only after exhausting all other avenues of recourse. You can sue your doctor directly without going through mediation. However, it is essential to note that this option has certain limitations. 

  • You cannot sue your doctor unless they are licensed in your state. 
  • You must sue within two years of the date of the alleged incident.
  • You must file your complaint within three years of the date of the incident. 
  • You must serve your complaint to your doctor within six months of filing. 

Finally, you must notify the defendant about the lawsuit within 90 days of helping them with the complaint.

  • Do I Need Expert Witnesses To Prove That The Defendant Was At Fault?

Yes, you need expert witnesses to testify about the standard of care and how the defendant failed to comply with it. An expert witness knows the subject matter beyond what is commonly known. This includes people who work in the same profession as the defendant, such as

  • Doctors 
  • Nurses
  • Pharmacists

 Contact Our Medical Malpractice Lawyers Today for a Free Case Evaluation!

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This website is owned by Hoosier Injury Attorneys. We have offices throughout Indiana with attorneys licensed to practice law in the state of Indiana. Use of this site does not form an attorney-client relationship and information herein shall not be construed as legal advice. This website is to be considered as ATTORNEY ADVERTISING. Past settlement and verdict values are no guarantee of similar future outcomes. This firm may retain local counsel to prosecute cases. This website has not been approved by the Court of Appeals of Indiana or the Indiana State Bar. Cases may be co-counselled or referred to other firms for
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