Patients place their trust in healthcare providers, but when they suffer injuries or complications due to medical malpractice, the consequences can be devastating. At Wagner Reese, LLP, our West Lafayette medical negligence attorneys have the skills, experience, and resources to take on large hospitals, medical centers, and insurance companies to hold them accountable for your injuries and losses.
Our founding attorney Stephen Wagner has earned the distinction of being selected as an “Indiana Super Lawyer” for twenty consecutive years (2004-2023) and was honored as the 2006 Trial Lawyer of the Year. Attorney Jason Reese, known for his skills in medical malpractice law, has been repeatedly recognized among Indiana’s Top 25 Medical Malpractice Trial Lawyers. Our West Lafayette malpractice law firm is here to fight for justice for the victims of medical malpractice.
The Standard of Care in Indiana Medical Malpractice Cases
The standard of care in medical malpractice cases refers to the level of care, skill, and treatment that a reasonably prudent healthcare professional would provide under similar circumstances.
Proving a Breach of the Standard of Care
To establish a breach of this standard in a medical malpractice claim, the plaintiff must demonstrate that the healthcare provider failed to meet the expected level of care, resulting in injury or harm to the patient. At Wagner Reese, our West Lafayette personal injury lawyers and Indiana medical malpractice lawyers can prove this through expert testimony from qualified medical professionals.
Legal Requirements Under Indiana’s Medical Malpractice Act
Under Indiana’s Medical Malpractice Act (Indiana Code § 34-18-2-18), the law defines healthcare providers and outlines the requirements for filing a malpractice claim, including the necessity of proving a deviation from the standard of care. The act also mandates that such cases go through a medical review panel before proceeding to court. Our West Lafayette medical malpractice attorneys will use the law to prove liability in medical negligence and nursing home neglect cases.
The Role of the Medical Review Panel
In Indiana, a medical review panel composed of healthcare experts evaluates whether the provider met or breached the standard of care. Their opinion serves as a key piece of evidence in determining liability in medical malpractice lawsuits, though it is not conclusive in court. This process is aimed at filtering out unmeritorious claims and strengthening valid ones before trial.
Why You Want Our Seasoned West Lafayette Medical Malpractice Lawyers on Your Side
Leveling the Playing Field
Medical malpractice cases often involve formidable opponents such as large hospitals and well-funded insurance companies. These institutions have teams of skilled defense attorneys and vast resources dedicated to minimizing or denying claims. Wagner Reese, LLP is equipped to counter their strategies. With our extensive legal experience and commitment, we will ensure the playing field is level, giving you a fair opportunity to pursue justice and full compensation.
Investing in Top Medical Experts to Prove Negligence
In medical malpractice cases, proving negligence requires expert testimony to clearly demonstrate that the healthcare provider’s actions fell below the accepted standard of care. Our team collaborates with leading medical experts to meticulously review your medical records and identify where mistakes were made. These experts will testify on your behalf, showing the direct connection between the negligence and your injuries.
Indiana’s Strict Contributory Negligence Rule
Indiana’s medical malpractice laws are particularly tough on plaintiffs. If the plaintiff is found even 1% at fault for their injuries, they are barred from receiving compensation. Knowing this, hospitals and insurance companies may try to shift part of the blame onto the patient.
Our attorneys are skilled in combating these tactics. We will leave no stone unturned as we gather evidence, including medical records, expert testimony, and witness accounts, to prove that the healthcare provider is 100% at fault. Our aggressive approach maximizes your chances of recovering the full amount of damages you are entitled to.
Choose the Proven Medical Malpractice Lawyers in West Lafayette, IN
When it comes to medical malpractice claims, having the right attorney by your side can make all the difference. Wagner Reese has a formidable record of settlements and verdicts, with over $300 million recovered for our clients. Our commitment to fighting for maximum financial recovery means that we won’t settle for less than you deserve.
We recognize that your case is about more than just compensation—it’s about securing your future. Let us advocate fiercely on your behalf and help you rebuild your life. To schedule your free consultation, call us at (866) 991-4892 or contact us online.
