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Indianapolis Personal Injury Law Blog

What victims can do after surgical medical errors

Unfortunately, every year preventable mistakes occur in surgery that are costly to Indianan victims. These types of medical errors are commonly referred to as never events because they should not take place and do not need to take place. When a victim of medical malpractice has suffered from a never event, it is important for them to be familiar with the legal resources protecting them.

Never events refer to medical errors, such as performing surgery on the wrong part of the patient's body, performing the wrong surgery on the patient or on the wrong patient altogether or leaving a foreign object behind in the patient's body during surgery. Based on their study, researchers estimated that doctors left a foreign object, such as a sponge behind in a patient's body 39 times each week; performed the wrong procedure 20 times each week; and, operated on the wrong site of the body 20 times each week.

Understanding medical device recalls

Defective medical devices can do a great deal of damage to victims which is why victims should be familiar with what a defective medical device is, what the defective medical device recall process is like and the legal protections available to them if they have been harmed by a defective medical device. Victims of defective medical devices need to be familiar with the legal resources and remedies available to them.

When there is a problem with a defective medical device, the company that manufactures the defective medical device has different options to consider including correction or removal. They may offer a correction to address the defect with the medical device in the place where it is used or sold or removal to address the defect with the medical device by removing it from where it is used or sold. Once the manufacturer of the defective medical device learns of the defect, they initiate the recall and inform the Food and Drug Administration (FDA). The public is also made aware of the recall. The FDA can also require the manufacturer to recall a medical device.

Wrongful death claims for medical malpractice

Wrongful death claims are a type of legal remedy that may be available to surviving family members in Indiana when a loved one has been wrongfully killed because of someone else's negligence. Wrongful death lawsuits can help surviving family members following the loss of a loved one due to medical malpractice, a defective medical device or after a traumatic accident.

When a family member has died because of the medical negligence of a doctor, nurse or other medical care professional, wrongful death lawsuits may be able to help surviving family members recover compensation for their financial and emotional damages. When a medical care professional, such as a doctor, nurse or other medical care professional, has provided medical care or treatment that falls below the standard of care, they may be liable to compensate the victim's family when a death occurs.

Understanding the dangers of highways in Indiana

Good drivers understand that they need to respect the functions of the vehicle they are driving, as well as the conditions of the road. No matter how well you can operate your vehicle, you will come into trouble if you do not react to the dangers and hazards that can present themselves.

Road conditions can vary widely, and it is important to be aware of the specific dangers that can present themselves in different states. Indiana is a state that has several highways that present notable dangers, such as the I-65. The following are some hazards to watch out for when driving on such roads.

Distracted driving in Indiana takes many forms

Distracted driving is a problem on the roadways in Indiana and is dangerous behavior to engage in. Victims of car accidents caused by distracted driving can suffer serious physical, financial and emotional damages that they need help with.

Distracted driving can be considered negligent behavior. If a distracted driver causes a motor vehicle accident, the distracted driver may be liable for the injuries and harm suffered by the victim. Distracted driving is ultimately considered any behavior that distracts the driver from the task of driving. While all distracted driving is considered dangerous, some types of distracted driving may be especially dangerous.

How claims for defective medical devices can help victims

Defective medical devices can cause a great deal of damage to victims in Indiana, whether they are seeking life-saving medical care or whether they are receiving what should be routine treatment. As a result, it is useful for victims of defective medical devices to be familiar with legal protections available to help them when they have been harmed.

Defective medical devices can lead to a product liability claim for damages when the victim has suffered injuries because of a defective medical device, defective or dangerous medical appliances, defective medical or surgical equipment, surgical implants, organ transplants, prosthetic devices, hospital supplies, diagnostic equipment or hearing or visual aids. When any of these types of products harm a patient, victims may have legal rights and remedies available to them through a products liability claim for damages.

What damages may be available after a motor vehicle accident?

Car accident victims in Indiana can suffer significant damages following the crash, including physical, financial and emotional harm. For this reason, personal injury legal protections are available to help victims of motor vehicle accidents recover compensation for their medical expenses, lost wages and pain and suffering.

When a negligent driver is at fault for the car accident, the car accident victim may be able to recover compensation that can help with the damages the negligent driver caused them. A personal injury claim for damages can be one way to pursue such compensation. Victims injured in a car crash may be able to recover medical expenses and future medical care costs for the medical care and treatment they need because of the car accident.

Legal protections for truck accident victims in Indiana

Truck accidents can result in catastrophic injuries to victims, which is why victims of truck accidents in Indiana should be familiar with legal protections available to them. Personal injury legal protections can help truck accident victims with the injuries they have suffered.

Truck accidents can result in serious and debilitating injuries for which truck accident victims will likely need medical care and treatment and time away from work while they recover from their injuries. A personal claim for damages can help victims of truck accidents recover compensation for their physical, financial and emotional damages. They may be able to recover compensation for medical expenses, lost wages and pain and suffering damages.

Proving fault after medical complications

If you have had a negative experience when receiving health care, the implications may be serious enough for you to want to take legal action. This is understandable, because you likely suffered financially, physically and emotionally as a result of the incident.

However, if you want to be successful in gaining damages from your Indianapolis health care provider, you will need to be able to prove fault. This can often be difficult to do, especially in complex situations. However, by understanding the law and by knowing how fault can be established, you will be better equipped to take effective action. The following are some ways in which fault can be proven in a medical malpractice case.

Legal protections for victims of a failure to diagnose

A failure to diagnose can result in serious consequences for victims of medical malpractice. As a result, victims of medical malpractice should be familiar with the legal protections available to them when they have been harmed by a failure to diagnose.

A failure to diagnose, delayed diagnosis or erroneous diagnosis can result in a worsened condition for the victim. When the victim has suffered a worsened condition than they would have otherwise suffered had their medical condition been properly and timely diagnosed, they may have a claim for damages against the medical care provider responsible for their damages. A medical malpractice claim for damages can help victims with their physical, financial and emotional damages and help them recover compensation for medical expenses, lost wages and pain and suffering damages.

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