Indianapolis Medical Malpractice Attorneys
Fighting for Victims of Medical Negligence Throughout Indiana for Nearly 25 Years
When an unexpected accident or injury occurs, many people are unsure of what to do or where to turn. At Garau Germano, P.C., we have been helping victims of negligence exercise their legal right to a fair recovery for nearly 25 years. Our Indianapolis medical malpractice attorneys have extensive experience handling all types of medical negligence cases and have won record-setting victories on behalf of clients throughout the state of Indiana. We are prepared to answer your questions, address your concerns, and help you navigate the legal process.
While a large portion of our practice centers on medical malpractice, our attorneys also assist those affected by car accidents, defective products, catastrophic injuries, and wrongful death. No matter how difficult or complex your situation may seem, our firm is here to help you understand your legal options and work to secure the fair financial compensation you are owed.
Elements of a Medical Malpractice Case in Indiana
Just because a nurse, doctor, surgeon or other medical professional makes a mistake, this doesn't necessarily mean someone has committed medical malpractice. On the other hand, not only direct medical team members but hospital officials and other administrators may be potentially liable for your injuries in certain situations. It is a complex area of law, which is why most medical injury victims seek outside support before heading to court.
As a plaintiff in a medical malpractice case, you must present enough evidence to convince the court that it should hold another party or parties legally accountable for your physical, mental, emotional or economic condition. The following list shows the type of evidence you must be able to show:
- You must first prove to the court that you indeed suffered some type of injury.
- Insofar as the defendant or defendants named in your claim, you must prove that each or all possessed a duty of care toward you at the time your injury took place.
- It is not enough to prove a fiduciary duty, however; you must also show that the person or people you have named as defendants failed to carry out the pre-existing duty of care.
- Finally, the judge overseeing your case will be looking for causation, meaning proof that a breach of fiduciary duty directly caused your injury. If the defendant/defendants would have acted according to accepted safety standards, would your injury still have occurred?
If you've survived a medical injury, you may be dealing with physical repercussions that last a lifetime or struggling through a recovery that causes you to take an extended leave of absence from your job, possibly placing your employment at risk. There is no reason you should have to carry the full financial burden associated with an incident that was not only preventable but caused your injury. Contact our medical malpractice attorneys in Indiana to get started on your case today
Statute Of Limitations For Filing A Malpractice Claim
Sometimes the human body can seem like a mystery. When illnesses go around, some people catch it, and others do not. Some treatments work on certain people; others are allergic or do not respond at all. When you leave the doctor’s office, sometimes you start to feel better, and sometimes your illness can get worse. It can be challenging to know when your symptoms are because of a doctor’s error or because of your body’s response to treatment. Unfortunately, there are limits to filing a medical malpractice claim in Indiana. In most cases, the statute of limitations for a medical malpractice claim is two years, in Indiana. The time starts on the date that the malpractice occurred (not the day you discovered the injury).
Why Are There Limits?
It can be frustrating to discover that your doctor made a mistake that is interfering with your recovery from an injury or illness, only to find out that it is too late to make a claim that would hold your doctor responsible. Doctors work on a lot of patients, and while they may have notes about their interactions with you, the more time between the date of the injury and the date of the claim, the more difficult it will be for the doctor to recall all the details about the event. The statute of limitations helps avoid the problem of fading memories and loss of evidence.
rEADY TO gET sTARTED ON yOUR cASE? cONTACT OUR FIRM TODAY FOR A FREE CONSULTATION.