Unfortunately, medical malpractice is more common than you think. According to a study by John Hopkins Medicine in 2016, medical errors were a leading cause of death in the U.S. In addition, medical errors are also commonly reported. If you or your loved one have suffered due to medical malpractice or error, you have the right to file a lawsuit against the liable party to recover financial compensation for the harm you suffered. However, you should not go about it alone. The Indiana law for medical malpractice is complex and difficult to understand. A medical malpractice lawyer at Wagner Reese can help you file a claim and pursue maximum compensation for your case.
Wagner Reese, headquartered in Indianapolis, Indiana, is recognized nationally as a leader in personal injury law. Our attorneys are top rated and have won numerous awards and accolades from the most prestigious legal organizations throughout the United States for their aggressive and diligent representation in medical malpractice cases. With over 150 years of combined legal experience, our successful record has proven that we are the firm to turn to if you need help. Look at some of our client testimonials to hear directly from them.
Did you know Indiana sets a time limit on how long a medical malpractice victim can bring a lawsuit? The state’s Statute of Limitation law dictates that a medical malpractice suit must be filed within two years from the date in which the negligence occurred. If you or a loved one has experienced medical malpractice, then you must act quickly if you want to receive compensation. Do not delay! Call Wagner Reese today at 317-569-0000 now to be in touch with a personal injury lawyer who focuses on medical malpractice cases.
What Is Medical Malpractice?
Medical malpractice includes a wide range of incidents. It refers to any situation where a doctor, nurse, medical staff, or other healthcare professional deviates from an accepted standard of care, resulting in harm to the patient. Medical malpractice is most common against an individual, such as a doctor, but it can also be against an organization or company, such as a hospital.
The harm to the patient could be in the form of injury or death. The accepted standard of care is the expected level of skill, competence, and experience of the medical professional.
Common examples of medical malpractice include:
- Surgical error
- Diagnostic error
- Delay in diagnosis
- Anesthesia error
- Birth injury
- Errors in post-surgery care
- Improper consent before surgery or medical procedure
- Failure to diagnose a medical condition
Proving Medical Malpractice
A medical malpractice case focuses on proving the patient suffered harm as a result of negligence or wrongdoing of a healthcare professional. Establishing liability is often a major challenge in medical malpractice cases.
As a first step, you will have to prove that the hospital or healthcare professional had a duty of care toward the patient. This means the care they are supposed to provide should be consistent with the medical standards expected from such a situation.
For example, if a patient is going through an appendicitis procedure, they should be provided the same level of care that is provided to any person undergoing the same procedure. This includes the surgical decision-making, surgical technique, post-surgery follow up, and all other medical processes and procedures that are included as part of that surgery.
Once the duty of care has been established, then the next steps are to demonstrate that this duty was breached by the defendant and that the breach caused harm to the patient. Finally, the extent of the damages as a result of the alleged medical malpractice incident needs to be demonstrated. The damages can be economic, such as lost wages and medical expenses, or noneconomic, such as pain and suffering.
Benefits of Hiring an Experienced Medical Malpractice Lawyer
If you need to file a medical malpractice lawsuit, you’re welcome to contact us at the law offices of Wagner Reese. Our team will use their legal expertise and experience in medical malpractice cases to guide you each step of the way. Our Indiana attorneys for injury claims can also help you navigate through the negotiation and settlement process with the opposing party and gather all the required legal and medical paperwork needed for the case.
Contact a Top Rated Medical Malpractice Attorney at Wagner Reese Today
The Indiana medical malpractice lawyers at Wagner Reese have brought justice to personal injury victims for over two decades. We have secured tens of millions of dollars in settlements or jury awards for our clients. In addition to our successful case results, our legal team has been nationally recognized for their aggressive and passionate advocacy for injury victims. In 2020, eight of our attorneys secured coveted spots on either the Super Lawyers® or Rising Stars lists.
Our founding partner, Attorney Stephen Wagner, has been selected by his peers as an “Indiana Super Lawyer,” an award presented to only the top 5% of practicing attorneys in Indiana, as published in the Indianapolis Monthly and Super Lawyer magazines. From 2018-2023, he was named one of the “Top 50 Personal Injury Attorneys in Indiana” by Super Lawyer. In 2006, Mr. Wagner was also selected by the Indiana Trial Lawyers Association as the “Indiana Trial Lawyer of the Year.” Mr. Reese has been recognized by The Indiana Lawyer as a Distinguished Barrister, and been nationally acclaimed as one of the Best Lawyers in America.
If you were harmed due to medical error or neglect, Wagner Reese is the law firm that can help. Contact us online or by phone at 317-569-0000 for a free consultation with one of our Indianapolis personal injury attorneys. We can come to you, if necessary.