When a healthcare provider fails to meet the standard of care, the consequences for the patient can be severe and lasting. Injuries caused by medical negligence often lead to additional surgeries, prolonged recovery periods, permanent disability, or worse. If you or a loved one has been harmed by a doctor, hospital, or other healthcare professional in Bloomington, you have the right to pursue compensation for the damage done.
At Wagner Reese, LLP, our Bloomington personal injury lawyers represent individuals and families who have been seriously injured through no fault of their own. Since 1997, we have recovered over $300 million for clients across Indiana, and our attorneys are recognized annually by Super Lawyers, The Best Lawyers in America, and U.S. News & World Report. We take a thorough, case-by-case approach to every claim, making sure injured patients receive the full compensation they are owed.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, and that deviation directly causes harm to the patient. It is not enough for an outcome to be poor; the error must be something a reasonably competent provider would not have made under similar circumstances.
According to research published by the American Medical Association, 31% of physicians have faced a malpractice claim at some point in their careers, with rates varying significantly by specialty. Despite this, many injured patients never pursue legal action because they do not know they have a viable claim. An experienced attorney can evaluate whether the care you received fell below the accepted standard and whether you have grounds to recover compensation.
Common Types of Medical Malpractice Cases
Medical negligence takes many forms, and our attorneys have experience handling a wide range of case types. We regularly represent clients in cases involving the following:
- Misdiagnosis or delayed diagnosis, which can allow a condition to progress when timely treatment could have changed the outcome
- Surgical errors, including wrong-site procedures, anesthesia mistakes, and post-operative negligence
- Medication errors, such as incorrect dosages or prescriptions that cause serious harm
Each of these scenarios involves complex medical and legal questions that require careful investigation, review of records, and often expert testimony from qualified medical professionals.
How We Handle Medical Malpractice Claims
Pursuing a medical malpractice claim is rarely straightforward. These cases require a thorough understanding of both the law and the medicine involved. At Wagner Reese, we begin each case with a comprehensive review of all available medical records and a consultation with relevant medical experts to assess whether negligence occurred and how it impacted the patient’s health.
Once we establish a viable claim, we handle every aspect of the legal process, from filing the necessary documents to negotiating with insurance companies and, when necessary, taking the case to trial. Our attorneys are not afraid of the courtroom, and healthcare providers and their insurers know that we will litigate aggressively when a fair settlement is not on the table.
Indiana’s Medical Malpractice Act and What It Means for You
Indiana has specific rules governing medical malpractice claims that differ from standard personal injury cases. Under the Indiana Medical Malpractice Act, most claims must first be submitted to a medical review panel before a lawsuit can be filed in court. This panel consists of medical professionals who evaluate whether the provider’s conduct fell below the applicable standard of care.
The statute of limitations for medical malpractice claims in Indiana is generally two years from the date the malpractice occurred. Missing this deadline can eliminate your right to pursue compensation entirely, which is why it is critical to consult with an attorney as soon as possible after a potential act of negligence.
What Compensation Can You Pursue?
A successful medical malpractice claim can result in compensation for both the financial and personal toll of the injury. Economic damages include past and future medical costs, lost wages, and reduced earning capacity. Non-economic damages address the pain, emotional suffering, and diminished quality of life that often accompany a serious medical injury.
Indiana law does place caps on certain non-economic damages in medical malpractice cases, which makes it especially important to work with an attorney who knows how to maximize recovery within the applicable limits. Our team evaluates every dimension of your losses to pursue the full amount the law allows.
Contact the Bloomington Medical Malpractice Lawyers at Wagner Reese
If you were harmed by medical negligence in Bloomington, you deserve experienced, committed legal representation. The attorneys at Wagner Reese, LLP have spent decades fighting for injured Hoosiers, earning recognition from the Multi-Million Dollar Advocates Forum, The National Trial Lawyers, and Indiana Trial Lawyers Association, among others. Our founding partners, Stephen Wagner and Jason Reese, bring more than 150 combined years of legal experience to every case we take on.
We offer free consultations with no obligation, and we work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. To get started, contact our team and tell us about your situation.ur situation.
