Medical Providers’ Negligence Should Never Hurt Patients
Medical malpractice occurs when a patient suffers damages due to the inability of a medical professional to comply with the standard of care.
In order to have a successful medical malpractice claim, a plaintiff must be able to prove that a doctor-patient relationship existed, that the doctor was negligent in his/her care of the patient, and that the negligence caused specific damages to the patient. Proving negligence in a medical malpractice claim can be extremely difficult.
That is why the Indianapolis medical malpractice attorneys at Ladendorf Fregiato & Bigler combine their legal experience and their medical experts’ knowledge and skills to provide clients with the assistance they need for their medical malpractice lawsuit.
What Are The Most Common Malpractice Claims?
There is a wide variety of situations in which medical malpractice can occur. However, many medical malpractice claims fall under the following categories:
- Failure to diagnose – If a medical professional fails to properly test for or discover the patient’s illness, injury to the patient may occur.
- Improper treatment – If a medical professional does not properly treat a patient, unnecessary injury to the patient may occur.
In order to prove negligence in a medical malpractice lawsuit, it is almost always necessary to obtain the testimony of an expert witness. This witness will be able to demonstrate that your medical professional did not live up to the standard of care that a reasonable professional would under similar circumstances. Additionally, the expert witness will be able to show that your doctor’s failure to live up to this standard of care resulted in your injury.
Medical Malpractice Verdicts
Client’s husband bled to death internally after surgery. This case was turned down by another malpractice lawyer.
Settlement: $1,250,000, the maximum allowed by law.
Client’s husband was administered chemotherapy in a negligent manner. Husband died 9 months later.
Judgment: Over $1,000,000.
Client’s wife was admitted to the hospital where she died less than 24 hours later as a result of failure to provide appropriate medical treatment.
Damages: What To Know
The injured party in a medical malpractice claim may be entitled to a variety of damages, including compensation for medical bills, lost wages, and pain and suffering.
There are also some damages that aren’t easily calculated, such as loss of enjoyment of life and lost future earning capacity.
One of the knowledgeable, passionate personal injury lawyers at Ladendorf Fregiato & Bigler can help you take the guesswork out of it. You can speak with us to learn more about which damages you may recover, ask us your questions and learn about your options.
Addressing Your Questions About Malpractice Cases
You placed your trust in the hands of your doctor or another medical professional, only to have them harm you. If you believe you have a case for medical malpractice, you should speak with a lawyer. A lawyer can also answer any questions you have about medical negligence cases.
Our attorneys are here for you. In our practice, we have helped patients throughout Indiana recover compensation following a medical practitioner’s negligence. We can also answer your questions, starting with some of the frequently asked ones that we have answered here.
What qualifies as medical negligence?
There are a few strict criteria that must be met to have a successful medical malpractice case. These include:
- Your doctor or other medical provider owing you a duty of care as a patient
- Your health care provider or the health care facility deviating from the expected standard of care
- The deviation from the standard of care causing harm to you
If your injury involves these three criteria, it may qualify as medical negligence.
How do I know if a medical provider made a mistake? How do I prove it?
An unfavorable outcome from a medical procedure does not necessarily indicate malpractice. However, if you had a patient-doctor relationship with your provider, you believe they acted with negligence and this resulted in harm, you may have a case on your hands.
Proving medical negligence allegations is not easy. It usually requires extensive research, paperwork and expert witness testimony. Your best chance of proving your case is to hire an experienced medical malpractice attorney.
What damages might I be eligible to receive?
In medical negligence cases, you have the right to seek compensation for damages, including:
- Rehabilitative therapy
- Corrective procedures
- Hospital visits
- Prescription drugs
- Lost wages
- Pain and suffering
- Punitive damages
Medical negligence can affect your life in many unexpected ways and have unexpected costs. If you have other damages for which you need compensation, speak with us in greater detail.
What are some examples of medical malpractice?
Malpractice in the medical world happens far more often than many people think. Some of the most common instances include:
- Performing the wrong surgical procedure
- Operating on the wrong body part
- Injuring an infant or mother
- Prescribing the wrong medication
- Failing to diagnose a condition
- Misdiagnosing a condition
The ramifications of just one of these actions can last a lifetime. No one should have to suffer because of a medical error.
Why is standard of care important?
All medical practitioners are expected to provide a certain level of care to patients. When they deviate from this standard, a case for malpractice may exist. The standard of care is critical because it is the measure that courts use to determine negligence.
Ask To Schedule A Free Consultation
You do not need to shoulder financial and emotional burdens because your medical professional acted incompetently. For more information regarding your rights after a doctor, nurse or other medical professional caused you injury, contact Ladendorf Fregiato & Bigler. Call for a free initial consultation: 317-842-5800.