Medical Malpractice Attorney Fighting for Our Loved Ones In Highland
Whether it is heading in for a blood test, receiving treatment for a severe condition, or even attending a routine check-up, medical issues can be a big deal for most of us.
When medical malpractice occurs, it can have devastating results not only for the affected party, but for the family, loved ones, and all involved in the incident. The result can be pain and suffering, as well as practical problems such as substantial medical bills or the need for ongoing medical treatment.
What Is Medical Malpractice?
Medical malpractice, also known as medical negligence, occurs when doctors, nurses, hospitals or other health care providers cause injury or death to a patient by failing to meet the accepted “standard of care.” “Standard of care” refers to how similarly qualified practitioners would have managed the patient’s care under the same or similar circumstances.
How do I know if I have a medical malpractice case?
Far too often, doctors and other medical providers fail or refuse to answer legitimate questions from a patient or the patient’s family about what went wrong with a procedure, medication or diagnosis. One of the best ways to get the answers you are entitled to is to consult a law firm experienced in medical care and procedures. There are many different indicators of medical malpractice, but one of the most common is a dramatically different or unexpected result of medical treatment. One major warning sign can be the medical provider failing to provide a good explanation when the patient’s condition worsens.
Medical malpractice claims are very complicated to prove – whether you immediately suspect an error due to an obvious indicator, or you are just trying to determine if anyone is at fault.
All medical records must be reviewed, healthcare professionals and medical witnesses consulted, and sometimes follow-up medical exams / tests are necessary. Any statutes of limitations, caps/limits set by state and federal laws and the severity of the injury must also be considered. Because medical malpractice claims are so complex, you should consult an experienced attorney to determine whether your specific situation merits legal action. You have a right to have your medical questions answered.
What should I do if I suspect that malpractice has occurred?
First, if the treatment is ongoing, consider requesting a transfer to another hospital or physician to secure quality medical treatment. Avoid accusing or insulting the health care providers. Request your medical records. Document everything. Most importantly, consult an experienced medical malpractice attorney who can help review your medical records, research medical literature, seek an expert review on the standard of care, explain the legal process, and advise whether your situation has legal merit.
Why Is Indiana’s Medical Malpractice Act So Crucial?
The Indiana Medical Malpractice Act governs laws surrounding medical malpractice of certain qualified healthcare providers in Highland and the state of Indiana. This legislation sets limits as to time constraints, requirements to be met, procedures to be followed in each case, and the total limit on damages that can be received.
The Act is a crucial piece of gateway legislation which determines whether a case will be heard. Before a lawsuit can reach the courts, the case must be reviewed by the Medical Review Panel for qualified healthcare providers. This will be made up of three health care providers, who will review the claim and decide whether the healthcare professionalcommitted medical malpractice or negligence. Not only does the opinion of this panel affect the future of the case, but their opinion can also be admitted during the trial.
What Counts As Medical Malpractice?
In short, a medical malpractice claim can be considered in any situation where a healthcare professional has committed a legal wrong affecting a patient in furtherance of healthcare.It is widely defined as the failure to act with the same amount of care that a reasonable medical professional would have acted with in the same or similar situation.
Types of cases are often divided into the following:
- Misdiagnosis – a condition is not recognized or is diagnosed inaccurately
- Delayed diagnosis – an accurate diagnosis is delivered too late resulting in the injury or death of the patient
- Childbirth injuries – mother or baby are injured due to mistakes or errors made by a medical practitioner
- Medication errors – the wrong medication is given, prescribed medication is missed, or too much or too little is given
- Anesthesia errors – an anesthesiologist gives the wrong amount or type of anesthesia to a patient
- Surgery errors – a patient is injured during surgery or an unnecessary surgery is performed
For malpractice or negligence to be proven, there are four elements required:
- Duty: once the doctor/patient relationship is established, the doctor accepts their responsibility to provide the patient with reasonable care during their treatment, following all required guidelines.
- Breach: a breach occurs when standard medical guidelines and reasonable care are not followed.
- Injury: for the breach to count as malpractice, an injury must be sustained, as a result of the breach.
- Damages: The injury received caused damages to the victim, either economic or non-economic.
How Much Can I Get?
Against qualified healthcare providers under Indiana’s Medical Malpractice Act, it depends when the malpractice occurred. For incidents occurring after June 30, 2019, the cap is $1,800,000. For incidents occurring June 30, 2017 and before July 1, 2019, the cap is $1,650,000. For incidents occurring after June 30, 1999 and before July 1, 2017, the cap is $1,250,000.
How Long Do I Have?
This can be complicated to determine in Indiana, but generally the statute of limitations for qualified healthcare providers in Indiana is that cases must be filed within two years of the negligent treatment. For injuries occurring to minors under 6 years old, they have until they turn 8 years old to file. Certain exceptions apply to these cases but do not delay in seeking legal representation.
What Are My Next Steps?
If you feel you may have a case for medical malpractice, the first step is to get in touch with an experienced personal injury attorney in Highland. Here at Hilbrich Law Firm, we have worked for decades to assist clients all around Highland and the wider Indiana area, and we have the knowledge needed to help you take your next steps.We want to help you receive the justice you deserve. Get in touch with us today at (219) 924-2427, and let Hilbrich Law Firm stand by your side.
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