Home Medical Malpractice

Most of the time doctors and health care professionals provide quality and needed care to their patients and there is no need for a malpractice attorney.

Talk to an Indianapolis Medical Malpractice Lawyer by Calling (317) 969-8000

While most of us do not want to believe it can happen, doctors and medical professionals do make mistakes. Occasionally these mistakes lead to serious and life-altering injuries, even wrongful death, to the patient. Medical mistakes can be made by physicians, anesthesiologists, nurses, technicians, residents, and even medical devices. That's when an Indianapolis Medical Malpractice Attorney can help.

When Does Medical Malpractice Occur?

Medical malpractice can take place when a medical professional acts negligently or omits an act which results in damage or harm to a patient. A delayed diagnosis of a serious medical condition, a misdiagnosis of cancer, even a surgical error or an injury to a patient could be medical negligence.

Indianapolis attorney, Jill Bracken-Emerson, at Emerson Divorce and Accident Injury Attorneys, L.L.C. handles medical malpractice cases involving:

  • Failure to diagnose a serious illness
  • Misdiagnosis
  • Errors in surgery
  • Errors when administering anesthesia
  • Injuries sustained during birth
  • Errors when prescribing drugs
  • Insufficient staffing or training
  • Nursing home accidents
  • OB mistakes
  • Failure to diagnose
  • Pediatric mistakes
  • Birth injuries
  • Prescription errors
  • Surgical mistakes
  • and more...

Medical malpractice can take place when a medical professional acts negligently or omits an act which results in damage, harm or even death to a patient. A delayed diagnosis of a serious medical condition, a misdiagnosis of cancer, even a surgical error or an injury to a patient could be medical negligence. Even with today’s technological advances mistakes by medical professionals still occur.

Doctors, nurses, and hospitals are among the medical professionals who can be held responsible when malpractice has occurred. It may even be a combination of those individuals or organizations who can be held responsible for their actions or non-actions.

Medical malpractice claims are time-consuming, complex, and extremely costly to pursue. Rated among the top Indianapolis medical malpractice attorneys, our malpractice attorney uses her knowledge, and experience while working with top medical experts to overcome obstacles and achieve full and just compensation for families devastated by medical malpractice and to keep other families from dealing with a similar tragedy.

Four Elements to Prove Medical Malpractice in Indiana

#1 - A Duty of Care

The healthcare provider must have owed a duty of care to the person injured. Normally this can be established by proving a medical provider-to-patient relationship.

#2 - A Negligent Act

You must show that the healthcare provider acted negligently. This is generally established through the use of expert testimony that the healthcare provider did not exercise proper care in providing treatment to the injured patient.

#3 - That the Patient was Injured

You must show that the patient was injured.

#4 - That the Negligent Act was the Cause of the Injury

You must prove, usually with expert testimony, that the healthcare provider’s failure to exercise “reasonable care” caused the patient’s injuries.

Who Do I Sue for Medical Malpractice?

Claims of medical malpractice can be made against any healthcare provider who provided healthcare services to those injured and who, because of his or her failure to meet the standard of care, caused the injury. Healthcare providers typically named in a medical malpractice lawsuit include physicians, hospitals, nurses, physical therapists and hospital technicians.

How Do I Know the Injury Is Due to Medical Malpractice?

The only way to if the injury is the result of medical malpractice is to consult with an Indianapolis medical malpractice attorney experienced in malpractice cases. If you retain an attorney he or she will likely forward the medical records to an expert to review in order to determine if malpractice has occurred. An expert’s testimony regarding malpractice is a key piece of evidence in every case. If you suspect medical negligence, a top Indianapolis medical malpractice attorney at Emerson Divorce and Accident Injury Attorneys, L.L.C. can help.

How Much Compensation Can I Recover for My Injuries?

Generally any settlement amount would consider the severity of the injury, the cost of continuing treatment (maybe for the rest of your life), the medical bills, lost income from work, pain and suffering, and your loss of enjoyment of life. Additionally, Indiana law limits medical malpractice recoveries to just over a million dollars. Of course our malpractice attorneys can provide more specifics to you over the phone. Just give us a call.

How Long Does a Claim of Medical Malpractice Take?

Numerous factors affect the timing to resolve a medical malpractice case including the injuries, the medical treatment utilized, and state law. Indiana law utilizes a “medical review board” before proceeding to court. This portion of the case can take one to two years. Some cases may settle while the case is before the panel, some may settle after a lawsuit is filed, still others may settle just prior to a trial. In any situation your claim will be a long process and will take years to resolve.

For more information about your rights regarding medical malpractice, contact the offices of Emerson Divorce and Accident Injury Attorneys, L.L.C. and discuss your case with some of the best medical malpractice lawyers Indianapolis has to offer.

It costs nothing to meet with our top medical malpractice attorneys for a free consultation. There will be no fee unless we win your case.

While not every medical failure is a result of negligence or medical malpractice, you have the right to sue the person responsible for your condition. If you believe that you or a loved one is the victim of medical malpractice, contact Jill Bracken-Emerson to evaluate your case and advise you of your legal rights.

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Call our Indianapolis medical malpractice attorney today at (317) 969-8000