Fact-Checked: Why Trust Indianapolis Medical Malpractice Lawyers Who Seek Compensation For Victims Of Negligence
The medical malpractice lawyers at Garau Germano, P.C., have the skill and experience to help you when you or a loved one has been injured by medical negligence or a breach of standard care by a health care provider’s carelessness. Our firm handles a variety of malpractice lawsuits, including cases involving misdiagnosis, surgical errors, and birth injuries. We thoroughly investigate our clients’ claims and work to build a case on their behalf to help secure compensation for medical bills, lost wages, and pain and suffering.
Indiana can be a difficult state in which to pursue such claims due to the medical review panel process, but we are equipped to navigate the hurdles posed by the state’s medical malpractice laws. Our Indianapolis medical malpractice attorneys will provide you with a clear understanding of your case and honest expectations regarding the outcome. We pursue these claims on a contingency fee basis, meaning you will owe nothing unless we make a recovery on your behalf.
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Need A Medical Malpractice Lawyer? We’re Ready To Help!
Peer-recognized. Millions Recovered.
We’re ready to take action!
Why Choose Garau Germano, P.C. For Your Medical Malpractice Case?
When you’ve been harmed by medical negligence in Indiana, you need a law firm built specifically for these challenging cases. Here’s what sets us apart:
- 95% dedicated to medical malpractice: “There are very few firms in Indiana that have as devoted a practice to medical malpractice as our firm does.” This singular focus means your case receives the concentrated attention that generalist firms cannot match.
- We’ve made the law: “Not only do we know the law, but we’ve also made the law in medical malpractice practice in the state of Indiana.” We’ve successfully argued cases before the Indiana Supreme Court and the 7th Circuit Court of Appeals, creating legal precedents that protect patients’ rights.
- 50-plus years of combined experience: “We’ve tried pretty much every kind of medical malpractice claim you can think of, and we’ve seen it all.” Our attorneys have handled hundreds of cases throughout their careers.
- Proven track record: We’ve recovered millions of dollars for injured patients. A scholarly study ranked us first among Indiana plaintiffs’ law firms in both cases handled and amounts recovered.
- We accept difficult cases: “Medical malpractice in Indiana is a very, very difficult field. The laws are stacked against patients… we’ve accepted the challenge.” We take on complex cases that require significant resources because we believe in fighting for justice.
- We represent your entire family: “We also represent the families too…there’s more than just the injured patient; there are their families involved that need the attention as well.”
When you choose our firm, you’re choosing attorneys who have dedicated their careers to this one area of law and who are prepared to fight for the justice you deserve. You should also know that we operate on a contingency basis. This means you pay nothing unless we recover compensation on your behalf.
Video Transcript
There are very few firms in Indiana who have as devoted a practice to medical malpractices as our firm does. A lot of that is because medical malpractice in Indiana is a very, very difficult field. The laws are stacked against patients who are injured by doctors, and it’s an area where we’ve accepted the challenge.
We’ve carved out a niche for ourselves; we’re one of the premier medical malpractice firms in the state. Our primary focus is helping patients who’ve been injured by healthcare providers. That, I think, makes us unique with our depth of knowledge in the area of medical malpractice and our experience in the area of medical malpractice. We have tried pretty much every kind of medical malpractice claim you can think of and we’ve seen it all in that area of the law. We’ve gone to the Indiana Supreme Court multiple times and doing what we can to help patients who are injured by the negligence of health care providers.
Medical malpractice cases are unique in Indiana and these cases kind of have a target on their back. They are cases that are extremely difficult and require someone who knows what they’re doing. You need to know the law inside and out. We do, we know the experts, we know the law, we know how to handle these cases.
Not only do we know the law, we’ve made the law in medical malpractice practice in the state of Indiana, and that’s why we have succeeded for years in one of the most difficult areas of the law to practice in the state of Indiana.
Garau Germano, P.C. handles a variety of medical malpractice cases, among other things, but, for example, we handle a lot of birth injury cases where clients and their families are injured during the labor delivery process, or we have misdiagnosis, delaying diagnosis of various disease processes that can cause injury to those patients.
We have cases where a client just doesn’t get the proper care in a hospital or an institution, and that causes injury to them. And it’s important that we also represent the families too. They also have to go through this process, so we realize that and we realize that there’s more than just the injured patient, there’s their families involved that need the attention as well.
I’ve handled hundreds of cases over my career. I have handled appeals to the court of appeals, to the Indiana Supreme Court, to the Seventh Circuit Court of Appeals. I’ve tried cases in the Indiana state courts and the federal courts, pretty much anywhere you can pursue a medical malpractice action in the state of Indiana, I’ve pursued it.
If there is a claim there, we are ready, willing, and more than able to help the person who’s been injured to pursue that claim and get justice.
Types of Medical Malpractice Cases We Handle
Our medical malpractice law firm handles all forms of medical malpractice, including:
- Medication errors and complications
- Emergency room negligence
- Surgical mistakes
- Anesthesia errors
- Failures to diagnose
- Informed consent
- Nursing errors
- Radiology errors
- Birth injuries
- Nursing home malpractice
- Sepsis and septic shock malpractice
Failure to diagnose can be especially damaging for patients. When a medical problem, such as cancer, is not detected in a timely manner, the patient is helpless against the medical condition.
What Are The Steps To Starting An Indianapolis Medical Malpractice Case?
If you believe that your doctor, nurse or hospital acted negligently when treating you, you may have a medical malpractice case on your hands. Every medical negligence case is different, but this is the general process.
- Gather your medical records, health insurance statements and as much other medical documentation as you can
- Start a detailed journal about your daily health care regimen and any pain you experience
- Consult a medical malpractice attorney to discuss your rights
- File the petition for a lawsuit in the court of the proper jurisdiction – usually, the court where you live or where the health care practitioner that treated you is located
- Negotiate a settlement or proceed to trial, depending on your claim
The best way to ensure you have a strong case is to work with a medical malpractice attorney who can help you with every step. You can speak with one of our experienced medical malpractice attorneys by calling 317-978-9973 or by using our online contact form.
What Is The Statute Of Limitations In Indiana?
Indiana has a two-year deadline before which you need to file your medical malpractice claim. If you do not meet this statute of limitations, you and your medical malpractice attorney lose the right to recover compensation for you.
What To Know About Physician Errors
Not every physician error is malpractice. However, a physician error may be malpractice if a physician with similar training would not have made the same error. Examples of physician errors that may indicate medical negligence include:
- Failure to order certain tests
- Failure to rule out certain conditions
- Failure to obtain informed consent
- Incorrect interpretation of test results
- Incorrect reading of medical information
- Improper administration of medication
- Surgical errors or anesthesia errors
You will need a medical malpractice attorney who can help you determine whether your physician’s error is the result of malpractice.
Compensation You Can Recover In Indiana Medical Malpractice Cases
If you’ve been harmed by medical negligence, you may be entitled to compensation for both economic and noneconomic losses.
Economic Damages
Economic damages cover measurable financial losses:
- Medical expenses (past and future treatment costs)
- Lost wages and lost earning capacity
- Rehabilitation and therapy costs
- Home and vehicle modifications for disabilities
- In-home nursing or personal care services
- Other out-of-pocket expenses related to your injury
Noneconomic Damages
Noneconomic damages, meanwhile, apply to intangible losses:
- Pain and suffering
- Mental anguish and emotional distress
- Reduced quality of life
- Disfigurement or permanent disability
- Loss of consortium for family members
Indiana caps total medical malpractice compensation at $1.8 million under the Indiana Medical Malpractice Act, with a portion potentially coming from the state’s Patient Compensation Fund. These caps are complex and depend on when your treatment occurred and other factors. We can help you understand what compensation may be available in your specific case.
What You Can Expect From Our Medical Malpractice Lawyers
Our attorneys will thoroughly investigate your claim, combing through the medical records and obtaining the input of medical experts to assist in the review and presentation of your case. We believe that the key to success in a medical malpractice case is preparation, and we will do what is necessary to develop your case and show where the health care providers failed to exercise appropriate care.
Commonly Asked Questions About Medical Malpractice
Below are questions we often receive from injured patients regarding medical malpractice.
What is medical malpractice?
If a medical practitioner deviates from the standard of care expected in their field, they can cause serious injury to their patients. Medical malpractice refers to when a physician, nurse, hospital or another medical provider acts negligently when treating someone to whom they owe a duty of care.
What are common causes/reasons for medical malpractice?
A vast number of incidents can cause or contribute to a medical negligence injury, such as:
- Failure to diagnose a condition
- Misdiagnosis
- Failure to provide treatment
- Prescription medication errors
- Surgical errors
- Anesthesia errors
- Nursing errors
- Birth injuries
- Emergency room errors
This is merely a short list of examples of medical negligence. If you believe you have experienced one of these or yet another type of negligence, you have the right to seek compensation.
Who can you sue for medical malpractice cases?
In a medical malpractice lawsuit, individual health care providers as well as health care institutions can be defendants. Some examples include:
- Doctors
- Nurses
- Dentists
- Chiropractors
- Pharmacists
- Hospitals
- Clinics
- Pharmacies
- Pharmaceutical companies
- Medical device companies
- Testing labs
Sometimes, more than one individual or party contributes to an injury. Contributory negligence laws give you the opportunity to pursue a claim against health care professionals who may be partially liable for your damages.
What should you do if you have received improper medical care?
These are the steps to take if you believe you are a victim of medical negligence:
- Seek help from a different medical professional. A second opinion can be crucial to ensuring that you receive proper treatment. You might also need medical care to treat the illness or injury you suffered.
- Begin gathering documentation. This could include your medical records, prescriptions, hospital bills, communications with your doctor and any other relevant paperwork.
- Contact a skilled medical malpractice lawyer. You will need all the help you can get to recover fair compensation.
Receiving inadequate or improper medical care is discouraging, but you should not give up hope. Follow the aforementioned steps and you can begin the healing process and achieve a fair legal result.
How to prove medical malpractice?
Proving liability in medical negligence cases is difficult. The standard you must demonstrate in court is strict. For a judge or jury to find someone liable for medical malpractice, you must show that the defendant:
- They owed you a duty of care.
- They did not meet the standard of care expected of them.
- This resulted in an injury to you.
- This injury left you with damages.
The best chance you have of succeeding in your medical malpractice case is to work with an attorney who understands what is needed to prevail.
What are common defenses to medical malpractice claims?
Negligent medical professionals and their legal teams will have a bevy of excuses at their disposal. Some of the most commonly used defense strategies include:
- The care provided did not deviate from the expected standard of care.
- The professional did not have a provider-patient relationship with you.
- Your illness or injury did not result from their negligence.
- You are somehow partially or fully liable.
It is unfair that the party who harmed you would try to blame you for your own illness or injury. Unfortunately, this happens all too often in medical malpractice cases.
What constitutes medical malpractice in Indiana?
Not every unfortunate medical outcome is malpractice. To successfully pursue a claim in Indiana, you must prove four key elements:
- Existing health care provider-patient relationship: You were under the care of the doctor, nurse, hospital or other provider, establishing they owed you a duty of care.
- The provider breached the standard of care: The provider did not provide care that a competent health care provider with similar training would have provided under similar circumstances.
- The breach directly caused your injury: There must be a clear connection between the provider’s failure and the harm you suffered. The mistake must have directly resulted in your injury.
- You suffered actual damages: You experienced real, measurable harm, including physical injury, financial losses or emotional trauma.
When it comes to proving the standard of care, the process usually requires testimony from qualified medical professionals who can explain what a competent provider would have done differently. We work with trusted medical professionals who review your records and help demonstrate where your health care provider fell short, building the strongest possible foundation for your case.
Contact Our Medical Malpractice Lawyers Today
If you or a loved one has been harmed due to the negligence or inattention of a medical professional or facility, our medical malpractice attorneys are prepared to help. To schedule an initial consultation, contact our medical malpractice law firm through our website or call 317-978-9973.