At Wagner Reese, we hold the medical profession in high regard. But when a physician, nurse, or medical facility does not perform up to expected professional standards, legal accountability may become necessary. Since 1997, our firm has been earning recognition throughout Indiana and the nation as a premier medical malpractice law firm.
If you or a family member were the victim of medical malpractice which resulted in injuries or death, please contact our medical malpractice attorneys in Indianapolis to discuss your case. At Wagner Reese, we strive to ensure that our clients are informed about their rights and all of their legal options so they can make better decisions about their futures.
Call us at (888) 204-8440 for your no-cost, no-obligation consultation.
What Is Medical Malpractice?
Medical malpractice occurs when a doctor or hospital causes injury to a patient by failing to provide them with acceptable care. In general, if a healthcare provider deviates in care for a patient—either by failing to act or acting differently than others with similar training would have reasonably acted—the provider may be liable for any damages that result.
In most cases, medical malpractice involves a medical error that was either a negligent act or failure to act. The truth is that, sometimes, bad outcomes can occur in medicine, which might not necessarily amount to malpractice. Medical malpractice occurs when there has been a breach of the standard of care. Proving this often requires expert testimony.
So, how does medical malpractice happen? Common causes include:
- Lack of resources
- Doctor/nurse fatigue
- Out-of-date health records
- Intentional actions
Failure to Provide Acceptable Standard of Care
The premise behind all medical malpractice lawsuits is simple: negligence on the part of a healthcare provider. Medical professionals owe a duty to their patients to practice a degree of skill, care, and diligence possessed by any reasonably competent professional under the same circumstances. They breach their duty when they fail to live up to this standard.
Is a Misdiagnosis Considered Medical Malpractice?
A misdiagnosis can be deemed medical malpractice if it was a breach in the standard of care. Did the healthcare provider fail to comply with the applicable standard of care? Did that failure or misdiagnosis result in injury or death? If we can prove those two factors, then yes, a misdiagnosis constitutes medical malpractice in the state of Indiana.
Common Examples of Medical Malpractice
Negligence can occur at every stage in the treatment process and may involve many types of healthcare providers, including doctors, surgeons, anesthesiologists, nurses, pharmacists, lab technicians, physical therapists, hospital workers, or dentists – among others.
Examples of medical malpractice include:
- Medication errors
- Misdiagnosis or delayed treatment
- Failure to diagnose
- Surgical errors
- Emergency room mistakes
- Birth injuries
- Anesthesia errors
- Lack of informed consent
- Medical record mistakes
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 lengths to protect their doctors and staff. These types of claims can also be very difficult to pursue, due to the difficult nature of proving medical negligence.
How to Prove Medical Malpractice
In general, four facts are needed to prove medical malpractice in Indiana:
- Injury or death was suffered by the patient
- A medical facility or doctor caused the injury
- A medical facility or doctor provided the care
- A medical facility or doctor beached their duty of care
If you can prove these four things, you may be able to collect damages in a medical malpractice case. Remember that there is a statute of limitations on these types of cases, so you must act quickly and contact a medical malpractice lawyer as soon as possible.
How Do I Know If I Have a Medical Malpractice Case?
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. You explain what happened, and then we get the medical records, which is another part of the story.
After reviewing the records internally, we will assess the case and do medical literature research. We will then 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.
How Much Is My Medical Malpractice Case Worth?
Indiana has a cap on damages, which means that, 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 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 Expensive Is It to Pursue a Medical Malpractice Case?
Pursuing a medical malpractice case in Indiana can be very expensive, but don’t let the expense deter you from looking into your case and seeking justice on behalf of your family. While it can be expensive to hire experts to review a case or even testify on your behalf, at Wagner Reese, we front all the expenses on your case, including a free case review.
Secondly, our attorney fees are contingent, which means we’re not paid anything unless we secure compensation on your behalf. The bottom line is there’s no cost to you. Don’t let the risk of expenses on your case deter you and your family from seeking justice.
How Long Do I Have to Sue a Doctor or Hospital in Indiana?
In Indiana, the statute of limitations for medical malpractice is two years from when the act occurred. However, exceptions may apply. For example, children under the age of six have until their eighth birthday. There could also be exceptions where somebody has been continuing to treat with the same physician or healthcare provider. Additionally, if the damage was not discovered until a much later date, exceptions can be made.
Call the Indianapolis medical malpractice lawyers at Wagner Reese to get advice in your specific situation. Our firm has been helping families like yours for over 20 years.
Contact Wagner Reese for Your Free Consultation
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 malpractice claims can help affect positive change.
To learn more about the process of filing a lawsuit, how much your case may be worth, and which damages you may be able to recover, reach out to our medical malpractice lawyers in Indianapolis. With more than 150+ years of combined legal experience, our attorneys are prepared to answer all of your questions and address any concerns you may have.
Call us today at (888) 204-8440 for a FREE consultation. There is absolutely no upfront cost for you, and you only pay if we win your case.
Medical Malpractice Case Referrals
Wagner Reese has been handling Indiana medical malpractice cases for over 20 years, 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.
- Number three, we understand the value of a partnership and the promises that are made to share a co-counsel fee. Let’s discuss your client’s case and see how we can help.