Medical Malpractice

//Medical Malpractice
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Medical Malpractice 2017-07-20T10:39:13+00:00

Indianapolis Medical Malpractice Attorneys

Medical malpractice implies an act or lack of action or omission by a medical care provider or medical facility which fails to exercise acceptable care, proficiency or diligence and deviates from the recognized standard of practice in the medical profession and results in injury or death to the patient.

At Wagner Reese, we hold the medical profession in high regard, but when a physician or medical staff does not perform up to professional standards, legal accountability becomes necessary. Since 1997, Wagner Reese has been earning recognition throughout Indiana and nationally as an Indianapolis personal injury law firm that focuses on medical malpractice cases. If you or a family member has been a victim of medical malpractice which resulted in injuries or death, please contact the medical malpractice attorneys’ offices of Wagner Reese to discuss your injury or illness resulting from medical negligence, medication/anesthesia errors, delivery room errors, failure to diagnose, or incompetence.


This malpractice case was settled with the hospital with additional excess damages paid by the Indiana Patients’ Compensation Fund
A man who sustained a pierced colon during a routine colonoscopy that was not timely diagnosed by radiologists and general surgeon despite clear indication on film imaging. As a result of the delay in diagnosing the leaking colon, the patient sustained infections caused by sepsis and required additional surgeries. The case settled just before trial for $1.137M.
The claim was against a local OBGYN for failure to call a timely c-section for a fetus.
This malpractice claim was brought for the parents of a baby girl who died thirteen days after she was born. During labor, the baby’s fetal heart rate showed absent accelerations and intermittent late decelerations which were non-reassuring of fetal well-being. In light of these signs of distress, the standard of care called for the baby to be delivered immediately via emergency C-section. The doctor never physically came into the hospital to see Mom or her baby. The baby was delivered the next day but due to oxygen deprivation, she died thirteen days later. Our firm alleged that the healthcare providers failed to communicate with one another or timely intervene to save the baby’s, all of which constituted a deviation from the standard of care. The medical review panel found that the OB/GYN, his group and the hospital all failed to comply with the applicable standard of care. The defense finally settled the case which resulted in a total recovery of $1,077,000.
Malpractice settlement against a lab for mix-up of biopsy test results case settled one month before trial.
This medical claim was settled against a hospital and surgeon for retained surgical sponge.
A mother brought a medical malpractice and wrongful death claim for her 25-year-old son who died in jail. He had no wife or children. The decedent died due to the failure of the jail’s physician to give timely medical attention and transfer him to a hospital for evaluation of a serious head injury that he sustained while he was in custody. As a result of the delay in transfer, his brain injury worsened and passed away. Our firm brought a malpractice claim against the doctor who failed to order the transfer despite a clearly deteriorating condition. The case settled before the medical review panel rendered an opinion for $490,000.


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Controversial Medical Malpractice Act Discusses on RTV6


Follow the procedures below, if a medical doctor has made an error that caused injury:

  1. Remain Patient – Talk with your doctor first—a doctor may possibly admit they made an error. But don’t think that just because a mistake was made, your malpractice case is won.
  2. Be Prepared – Collect all of your medical information, such as, prescriptions, names and contact information of doctors, dates of appointments, and reasons for treatment.
  3. Contact an Attorney – Contact a local medical malpractice lawyer. The discussion of your medical malpractice case should only be between you and your medical malpractice lawyer, and don’t sign anything from your physician or his insurance company.

Four Facts to Prove Medical Malpractice in Indiana

  1. An injury was suffered
  2. Medical facility or doctor caused the injury
  3. Medical facility or doctor provided the care
  4. Medical facility or doctor did not provide care that was consistent and acceptable by medical standards

Indiana Medical Malpractice Facts

  • $1.25 million state enforced medical malpractice claims cap
  • $250,000 maximum doctor’s or hospital’s insurance company’s responsibility
  • $122,297 average payout per claim in Indiana

A Note About Recovery Limits

Some states, including Indiana, have imposed laws that cap or limit the maximum amount of money an individual can recover in a medical malpractice suit. When you meet with us to discuss your medical malpractice claim, we will discuss current laws and limitations. Currently, the maximum amount recoverable from a qualified medical provider in Indiana is 1.25 million dollars.

About our Indianapolis Medical Malpractice Attorneys

Stephen Wagner and Jason Reese can handle your medical malpractice claim with years of experience and proven results. Call the law firm of Wagner Reese today 888-710-9377 for your FREE consultation!

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