When A Procedure Or A Medical Visit Results In Injury
If you or a loved one has suffered from a medical or surgical error, you may be able to file a medical malpractice claim. In your pursuance of a medical malpractice claim, you will have to prove that a medical provider breached the standard of care and caused an avoidable injury or death. You will want to consult a knowledgeable personal injury lawyer who has experience handling medical malpractice claims.
Hovde Dassow + Deets attorneys have represented victims of medical malpractice for more than 50 years. Our firm is selected for inclusion as one of seven Tier 1 law firms in Indiana for medical malpractice law due to our careful analysis of potential claims and meticulous case preparation. We put our experience and expertise to work for you.
The Various Types Of Medical Malpractice
Medical malpractice occurs when doctors, health care providers, hospitals or their staff providers provide care that is below accepted standards, and an injury or death is the result. A few of the various types of medical malpractice are:
- Improper diagnosis or delay in diagnosis
- Failure to diagnose
- Medication errors
- Failure to properly treat a fracture
- Surgical errors, such as the damage of a nerve or blood vessel
- Failure to properly treat an infection
- Prenatal treatment errors
- Delivery errors
- Failing to inform the patient of alternative treatments
- Medical instruments, sponges, needles or other foreign objects left inside a patient during surgery
- Failure to treat an injury or disease in a timely manner
- Failure to refer a patient to a specialist
- Nursing Home Injuries
How Can You Prove The Negligence Of A Medical Practitioner?
A medical practitioner can be found guilty of medical negligence in cases involving a medication error, improper treatment of infection, failure to properly refer a patient to a specialist, misdiagnosis or a delay in diagnosis with an investigation into the patient’s medical history. In addition, you will have to prove that the medical practitioner’s negligence was directly responsible for your injuries.
To prove negligence in your medical malpractice claim, testimony from experts qualified in and knowledgeable about the particular medical specialty is required.
Our attorneys at Hovde Dassow + Deets work with highly credentialed medical experts to build a strong case with the goal of obtaining a significant recovery in meritorious cases.
Compensation For Medical Malpractice Claims
The types of damages covered in any medical malpractice case vary. When medical negligence involves surgery, victims are likely to be compensated for long-term medical expenses, pain and suffering, lost wages, permanent disability and care, and mental and emotional anguish.
In cases that involve prenatal or delivery errors, compensation for parents may be for the long-term care of their child. Medical negligence can lead to a child’s long-term disability, a mandatory caesarean section, and maternal or fetal distress which can lead to the death of the child or the mother. It is important for you to discuss your specific case with an attorney to identify your options for compensation.
There Is A Maximum Amount That Can Be Awarded To Victims Of Medical Malpractice
The Indiana’s Medical Malpractice Act currently provides for a maximum recovery of $1,250 million for acts of malpractice occurring before July 1, 2017 and $1,650 million for acts of malpractice occurring after July 1, 2017, regardless of the extent of the injuries and damages. The payment of medical malpractice settlements or judgments is a combination of a payment from the health care provider’s insurer and a payment from the Indiana Patient’s Compensation Fund, a pool of money managed by the state of Indiana and funded by a part of the insurance premium paid by the doctor or hospital.