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Securing Compensation for Medical Negligence is a Tough Task

Steve Wagner

The recent verdict of the Indiana Court of Appeals that upheld a medical malpractice judgment against a Merrillville nose doctor brings to light the issue of compensation for medical malpractice. In 2009, a Lake County jury found the doctor guilty of malpractice, and awarded the plaintiff compensation of $150,000. The appeals court has now affirmed this decision.

The victim sought treatment from the doctor after experiencing migraine headaches. The doctor concluded that the victim had polyps in her sinuses and claimed to have performed seven separate procedures. The victim, however, developed bleeding and sharp pains following the procedures, and the doctor failed to take any follow up action. Another doctor confirmed that the only procedure the first doctor had carried out was to drill two unnecessary holes in the victim’s sinuses.

While this may seem an open and shut case for medical compensation, securing compensation for medical malpractice is by no means an easy task. All claims of medical negligence require review by the state’s medical review panel. Although their findings are not binding, it does have a significant influence on the jury. Here, the plaintiff was lucky that the panel unanimously determined that the doctor failed to comply with appropriate standards of care.

Even when the medical panel and the jury rule in favor of the victim, it is common for the doctor to appeal. Here, the doctor defended himself by citing technicalities, such as the trial court having improperly allowed the plaintiff to claim patient abandonment and admitting evidence of him preparing to leave the country.

The fact that the doctor was already implicated in a similar malpractice case, and is serving time in federal prison for health care fraud, sealed his fate. But in most other cases, establishing malpractice is tough work, requiring collecting corroborating evidence, digging up past records and case laws, aggressively challenging the findings of the medical panel and other experts the defendants may find, and much more. It takes the services of a seasoned Indiana medical malpractices attorney to fight such cases and secure a favorable verdict.

If you or your loved ones have suffered negligence at the hands of a medical practitioner, or if your treatment was ineffective, you have every right to expect, and are most definitely entitled to compensation. Do not hesitate to contact Wagner Reese at (888) 204-8440 for a free consultation. Our team of experienced and competent Indiana medical malpractice lawyers, well versed in all aspects of the Indiana Medical Malpractice Act, will work hard to represent your case in the best possible way. Our track record in delivering compensation speaks for itself.


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