Medical malpractice cases are some of the most complex types of injury claims. Hospitals and other medical facilities are very reluctant to admit wrongdoing and will often go to great length to protect their doctors, nurses, surgeons, and other medical professionals and staff. These types of claims can also be very difficult to pursue, due to the difficult nature of proving medical negligence.
If you or your loved one is the victim of medical negligence or malpractice, you likely have many questions, including questions about the legal process. At Wagner Reese, we strive to ensure that our clients remain informed about their rights and all of their legal options so that they can make better decisions about their futures. We invite you to look through our medical malpractice FAQs to find answers to some of the most common questions we hear about these types of cases.
Don’t see your question here? Contact us online or by phone at (888) 204-8440 for a free initial consultation with one of our medical malpractice lawyers in Indianapolis.
Why Should You Hire Wagner Reese to Pursue Your Medical Malpractice Case?
You should hire Wagner Reese Law Firm to pursue your medical malpractice case because we have the experience and the track record second to none.
Families call us when tragedy strikes, and we’re here to put all of our resources, all of our experience, and other energy right into your case.
What Is Malpractice in Indiana?
“What is malpractice?” is a very important question to understand when you’re considering pursuing a medical malpractice action. The truth is that sometimes bad outcomes can occur in medicine, which might not necessarily amount to malpractice.
Malpractice occurs when there has been a breach of the standard of care. This means that a doctor or another medical provider did not meet the standard required of them under those circumstances. We evaluate this by looking at what a reasonable medical provider would have done under same or similar circumstances. This often requires expert testimony from a doctor or another medical provider.
What Is Medical Malpractice in the State Of Indiana?
What is medical malpractice? In the state of Indiana, to win a medical malpractice case, you have to prove two things. First, you must prove that there was a deviation in the standard of care, which basically means a doctor breached the normal standard of how they’re supposed to care for a patient.
The second thing is, as a result of the doctor or hospital’s negligence, it caused harm or even death to a patient. You must prove these two things to win a medical malpractice case in the state of Indiana.
At Wagner Reese, we’ve been helping patients and their families or those who’ve lost a loved one for over 20 years.
Is a Misdiagnosis Considered Medical Malpractice?
A misdiagnosis can be deemed medical malpractice if it was a breach in the standard of care.
What that means in malpractice context is, did the health care provider, whether a doctor or a nurse, fail to comply with the applicable standard of care? And did that failure or misdiagnosis cause injury or death to a patient? If we can prove those two things then yes, a misdiagnosis constitutes medical malpractice in the state of Indiana.
How Long Do I Have to Sue a Doctor or Hospital in Indiana?
At Wagner Reese, we’re often asked, “How long do I have to sue a doctor or hospital?” Well, the answer is generally that you have two years from the date of the first alleged malpractice to bring the claim. However, many exceptions apply. For example, for children under the age of six, they have until their eighth birthday. There could also be exceptions where somebody has been continuing to treat with the same physician or healthcare provider that extends the time period.
The bottom line is, call the qualified Indianapolis medical malpractice attorneys at Wagner Reese and get advice in your specific situation. At Wagner Reese, we’ve been helping families like yours for over 20 years.
How Much Will It Cost Me to Pursue a Medical Malpractice Case?
First of all, at Wagner Reese, it’s going to cost you nothing to get a free consultation. That is, we’ll review the records, we’ll have a board-certified expert look at the case, report back to us an assessment of the merits, and then decide.
But, if you do decide to retain us and we do pursue the claim, you don’t pay us anything unless we recover for you. Now, although malpractice cases are very expensive because they require experts who have to testify in a case, our firm fronts those costs, as well.
If there’s no recovery, not only is there no attorney fee applied, there’s also no expenses. We bear that risk for you, so call us for a free consultation and understand we’re here to pursue justice for your family.
How Much Is My Medical Malpractice Case Worth in Indiana?
The first question we get from many families is, “How much is my Indiana medical malpractice case worth?”
Indiana has a cap on damages, which means if you were a victim of malpractice after July 1 of 2017, the most amount of money we can get you is $1.65 million. That’s whether you have had a serious injury or a tragedy, such as a death or loss of a loved one.
Call us at (888) 204-8440 for a free consultation and we’ll tell you precisely what we think the value of your case is. But just know there is a cap on damages that we can help you recover.
How Do I Know If I Have A Medical Malpractice Case In Indiana?
We are often asked, “How do I know if I have a medical malpractice case?” Well, here’s what we do. We provide a free consultation to you or your family. We obtain your story as to what happened and then we get the medical records, which is also another part of the story.
After reviewing the records internally, we assess the case, we do medical literature research, but then the most important thing for you is we retain a board-certified, highly qualified expert who specializes in the same area of expertise at issue to review the case and assess the case for merits.
After we hear from that expert, we report back to you and sit down. If we determine the claim has merit and you want to go forward, we bring a claim to pursue justice for you and your family.
What Is a Breach in the Standard of Care in a Medical Malpractice Case?
A breach in the standard of care in an Indiana medical malpractice case means that someone has broken patient safety rules.
Let us break it down in two ways.
The standard of care is defined in Indiana as a doctor doing what he or she should have done in a similar situation. In other words, it’s the norms that other doctors say, “This is what should have happened.” A breach of that standard of care is when that norm is not met, those safety rules are not met. So how do you prove that in your case?
Board-certified experts hired by our law firm will review the case and determine what is the standard of care and was it breached in your case. If we can prove that, you have an Indiana medical malpractice case worth pursuing.
Has Your Child Suffered a Brain Injury or Death?
If your child suffered birth trauma, brain injury, or even death, it could constitute medical malpractice under Indiana law.
We’ve been helping families for over 20 years pursue claims for their children or, God forbid, the loss of a child. Birth trauma happens all the time, whether it’s at the hands of an OB-GYN, a nurse who was helping out, or even a midwife.
Call us for a free consultation. We’ll have your case reviewed by a board-certified obstetrician to discuss and review the merits of your case. We know this is one of the toughest times, having lost a child or suffering through a terrible injury for your child. We’re here to help you.
Has Your Child Been the Victim of a Birth Trauma in Indiana?
If your child has been the victim of birth trauma or even passed away, call us for a free consultation because you may have a claim for medical malpractice.
For over 20 years, our firm has been helping mothers and fathers just like you pursue justice on behalf of their child. Medical expenses could be outrageous.
We will have a board-certified expert look at your case, including prenatal records, fetal monitor strips, labor and delivery records, and anything else to help us win your case.
Can I Sue a Nurse, Psychiatrist, Podiatrist or Another Specialized Medical Care Provider?
The answer is usually yes. Often, these types of medical providers are qualified providers as defined in the Indiana Medical Malpractice Act.
In regards to nurses, nurses are often insured under the Malpractice Act under their medical group or hospital for which they work. So generally, yes, we can sue these providers for malpractice.
If you have questions as to whether you might have been a victim of medical malpractice through a specialized medical provider, contact Wagner Reese for a free consultation.
Can I Sue for Future Medical Expenses in Indiana?
You can sue for future medical expenses when you bring an Indiana medical malpractice lawsuit.
First and foremost, when a doctor or healthcare provider causes harm to a patient as a result of malpractice, they’re responsible for tangible and intangible damages, but future medical expenses could be massive.
A life care plan might be needed, so call us for a free consultation, because you can sue for these damages and we can help you recover to provide for your family.
Can Pursuing Medical Malpractice Litigation Help Prevent Injuries from Occurring again in Indiana?
Clients often ask us whether pursuing medical malpractice litigation can help prevent the injuries that they faced from occurring to other people.
One of the positive outcomes of litigation is that it often makes providers reconsider their policies and procedures, and investigate and take a deeper look at what occurred when bad outcomes happen.
We believe that pursuing medical malpractice claims can help affect positive change.
Why Consider Wagner Reese for Your Medical Malpractice Referral?
For over 20 years, we’ve been handling Indiana medical malpractice cases, and most of our cases come from referring attorneys like you.
There are three reasons, really, why attorneys refer us cases happily and have been doing so for the past two decades.
Number one, we’re experienced. We have a track record of success.
Number two, we’ll do an honest and complete assessment of your client’s case free of charge and report back to you on the strengths or weaknesses of the case.
And number three, we understand the value of a partnership and the promises that are made to share a co-counsel fee.
Call us. Let’s discuss your client’s case, see how we can help, and thank you for considering Wagner Reese for your referral.