Medical Malpractice Attorney in Indianapolis117 East Washington Street, Suite 201
Indianapolis, IN 46204
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Indianapolis Medical Malpractice Lawyers
Every day, medical procedures help patients in Indianapolis live longer and healthier lives. However, doctors sometimes act carelessly or recklessly when treating a patient, causing further injuries or death. Unfortunately, medical malpractice is common. According to data collected by Johns Hopkins Medicine, more than 250,000 Americans die due to medical errors annually.
We seek medical care to treat health conditions and feel better, not worse. If you or someone you love suffered an injury due to the negligence of a medical provider, you could have legal recourse and recover compensation.
We see the devastating physical, emotional, and financial effects of medical mistakes every day. Morgan & Morgan’s is here for you if you or a loved one experienced medical malpractice in Indianapolis. You could be entitled to financial awards for medical costs, pain and suffering, and other damages. Get started today and contact us to discover your legal options in a free and confidential consultation.
What Is Medical Malpractice?
Medical malpractice can turn your life upside down and cause catastrophic injuries and permanent impairment. Surgical mistakes, in particular, such as operating on the wrong organ or wrong patient, can have fatal consequences.
Medical malpractice claims can arise in various circumstances and settings, including surgery, aftercare, and diagnosing a condition. Common examples of medical malpractice claims include:
Misdiagnoses or late diagnoses can be costly and dangerous for patients and cost lives. Time is often of the essence when diagnosing illnesses such as cancer or an infection, as any delay can lead to a deterioration of the patient. Inaccurate diagnoses can cause patients to take the wrong medications, further increasing their chances of suffering harm. Some of the most commonly misdiagnosed conditions include:
- Heart attack
All surgeries come with risks. However, if patients are hurt due to the careless acts of doctors and other medical staff, they could have legal recourse and seek compensation. Examples of surgical errors include:
- Unnecessary surgeries
- Removing an organ by mistake
- Wrong-site or wrong-patient surgery
- Anesthesia mistakes
- Leaving surgical tools inside the body
- Failing to monitor patients before, during, and after surgery
- Inadequate aftercare
- Discharging a patient too soon after surgery
Surgical mistakes can kill. Even if a patient survives, they may have to undergo risky and expensive emergency treatments to reverse a doctor’s error. Severe surgical errors can cause permanent impairments such as organ damage, paralysis, and other life-changing complications.
Prescription and Medication Errors
If a doctor prescribes the wrong medication or dosage, causing harm, a patient could sue. Mistakes with medications can occur when a doctor misdiagnoses a condition. Patients could also have a medical malpractice case if:
- A doctor prescribed medication they have a known allergy to.
- A medical professional prescribed the wrong dosage or format of a drug, for example, pills instead of liquids.
- The medicine conflicts with another drug the patient is taking.
- The medicine is prescribed for too long, or the doctor fails to monitor repeat prescriptions.
- The doctor fails to give appropriate instructions on how to administer the medicine
- A pharmacist dispensed the wrong medication
Prescription and medication errors are generally the responsibility of the treating doctor. Therefore, they may be responsible for any damages you incurred due to a medication mistake.
In childbirth, medical staff may have to make split-second decisions to safeguard the health of mother and child. Moreover, adequate monitoring of the mother and unborn child before, during, and after birth is generally necessary for avoiding complications. If a medical professional makes a mistake, such as delaying an emergency C-section or using excessive force during delivery, devastating injuries can occur. Severe birth injuries arising from negligence can include:
- Cerebral Palsy
- Erb’s Palsy
- Lack of oxygen
- Head injuries
- Spinal cord damage
A baby and mother can suffer lifelong emotional, physical, and financial consequences of a medical provider’s negligence. If this has happened to you or a loved one, our determined medical malpractice attorneys could hold the negligent party accountable and fight for the compensation you deserve.
Hospital patients should be able to recover safely in hospitals and care homes without the threat of contracting avoidable infections that could jeopardize their health further. Hospital-acquired illnesses can have devastating consequences for patients whose health and immune system may already be compromised. Some dangerous avoidable diseases that patients could catch in medical facilities include:
- Sepsis (blood infection)
- Wound infections
- Gastrointestinal infections
- Methicillin-resistant Staphylococcus aureus (MRSA)
Most of these infections could be avoided by adequate hygiene, quarantining affected individuals, and using personal protection equipment correctly.
How to Find the Best Medical Malpractice Attorney in Indianapolis
If you or a loved one suffered an injury due to an Indianapolis medical professional’s negligence, you should contact an attorney as soon as possible. Medical malpractice claims can be highly complex, challenging, and expensive to litigate. Having an experienced and determined attorney by your side can be vital for recovering damages. Ways to find the best medical malpractice lawyers include:
- Asking friends, family, and coworkers for referrals
- Contact the Indiana State Bar Association or search for lawyers on its website
- Conduct a general internet search for medical malpractice lawyers near you
Rather than focusing on one or two law firms, give yourself plenty of choice by making a list of several potential candidates. Your next step should be scheduling free consultations to get to know lawyers and law firms. Some firms offer online consultations or will even meet you in the hospital or at home.
What to Look for in a Medical Malpractice Lawyer
A free consultation can be an excellent way to find out about your potential lawyer’s experience, track record, and personality. Questions you could ask include:
- Do I have a legal case?
- How many years have you handled malpractice cases?
- What is the average settlement you have recovered for victims?
- Do you work on a no-win-no-fee basis?
- Do I have any costs if I lose the case?
A successful medical malpractice attorney will be specialized and have an excellent knowledge of Indiana’s medical malpractice laws. They will also have medical knowledge and know medical professionals who could testify as expert witnesses on your behalf.
An outstanding lawyer will only be too happy to talk about their experience and past cases. They should be enthusiastic about helping you and answering your questions. It is also crucial to note that established medical malpractice attorneys do not charge upfront fees but receive a percentage of the final settlement as their fee. Since medical malpractice claims can be costly, ensure your attorney does not charge upfront hourly fees.
Morgan & Morgan Is Here for You
When we take your medical malpractice case, you are in good hands. Our qualified and experienced medical malpractice attorneys work tirelessly to hold negligent doctors and hospitals accountable. As America’s largest personal injury firm, we have the resources and stamina to fight even complex and demanding medical malpractice cases. We can:
Gather Evidence to Prove Medical Malpractice
Medical malpractice claims can be challenging to prove. However, our attorneys know where to look to find evidence of recklessness or carelessness on a medical professional’s part. We can analyze your medical records to show that you received inadequate care.
Identify all Responsible Entities
There could be several defendants in your medical malpractice claim, such as a doctor, nurse, hospital, pharmacist, or pharmaceutical company. We thoroughly analyze your case to determine all potential avenues for recovering compensation.
Hire Respected Medical Experts
Expert witnesses are crucial for proving a medical malpractice claim. Our Indianapolis medical malpractice attorneys have contacts with the leading medical experts in Indiana who could testify on your behalf.
Negotiate Aggressively With Insurers
The insurance company for the responsible doctor or hospital may offer a quick cash settlement. However, when accepting a settlement, victims generally lose the right to sue. Our lawyers ensure that you are not being taken advantage of or pushed into a low settlement by an unscrupulous insurance company. We can protect your legal rights and negotiate for a higher settlement offer on your behalf. If an insurer refuses an adequate settlement, we take them to court.
Fight for What You Deserve at Trial
If an insurer fails to offer a fair settlement, we can prepare your case for trial and fight vigorously for full and fair compensation. Our medical malpractice lawyers are experienced at fighting trials and can argue your case effectively in court.
Indianapolis Medical Malpractice Compensation
Medical malpractice can cause catastrophic injuries and astronomical medical expenses for victims. While each medical malpractice case is unique, compensation victims can receive includes non-economic damages such as:
- Physical pain
- Emotional suffering
- Permanent disability
- Loss of life quality
Victims may also qualify for economic damages, designed to reimburse them for financial losses due to the injury, such as:
- Medical bills and future healthcare costs
- Loss of income and future expected income loss
- Transport costs
- Costs for modifying the home or a vehicle
- Out-of-pocket expenses
You could also receive other types of compensation.
Wrongful Death Due to Medical Malpractice
If your loved one passed away due to medical malpractice, you could file a wrongful death lawsuit and recover damages such as burial costs, loss of income, and others. Our compassionate medical malpractice attorneys can advise you on your options and help your family get justice.
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Do I Have a Medical Malpractice Case?
Not all medical errors qualify for a medical malpractice lawsuit and some medical treatments, such as surgeries, carry inherent risks. Patients generally only have a valid claim if they can prove that a medical professional failed to treat them according to the medical standard of care. They also have to prove that:
- There was a patient-doctor relationship.
- The doctor breached their duty of care.
- There are damages resulting from the breach, such as medical bills and others.
Medical malpractice cases are generally complex. To determine whether you have a case, consult with a medical malpractice attorney from our firm promptly. We can assess your claim and move forward with filing a lawsuit.
What Is the Average Settlement for Medical Malpractice in Indianapolis?
Since injuries and expenses can vary widely in medical malpractice claims, there is no average settlement amount. However, victims who suffer catastrophic injuries due to a doctor’s recklessness could recover an extensive settlement for their monetary damages and suffering. Some victims recover seven-figure settlements in medical malpractice claims.
It is important to note that there are caps on medical malpractice settlements in Indiana. At the time of writing, injured victims can receive damages up to $1.8 million. However, the damage cap is adjusted regularly.
A medical malpractice lawyer can calculate your damages, analyze your specific case, and determine the worth of your medical malpractice claim.
When Should I File a Medical Malpractice Case in Indianapolis?
Victims of medical malpractice in Indianapolis should file their lawsuit within two years, according to Indiana Code § 34-18-7-1(b). Consider consulting with an attorney to determine the best timing for your lawsuit. Missing the deadline could lead to losing the right to pursue compensation.
Who Can Be Sued With a Medical Malpractice Case?
Potentially, you could sue any licensed health care professional who provided you with professional medical services to you, including:
- Lab technicians
- Hospital and nursing home staff
You could also sue other parties for causing harm, such as a pharmaceutical company.
Morgan & Morgan Fights Hard for Medical Malpractice Victims
Morgan & Morgan understands that your entire life can change if you are hurt by the carelessness of a medical professional. We know that a settlement cannot restore your health or turn back the time. However, you deserve adequate compensation for your injuries, expenses, and suffering. Receiving damages can enable you to put this ordeal behind you and start rebuilding your life.
Morgan & Morgan is by your side during the most difficult time in your life. We have helped countless medical malpractice stand up to a negligent medical professional or facility and recover what they deserve. You only pay if we win and recover compensation for you. Contact us today for free legal advice to determine your options.