Medical Malpractice: We Seek Compensation For Victims Of Negligence
Doctors, nurses, and other health care providers are required to use reasonable care in treating their patients. When health care providers fail to use reasonable care, patients can suffer devastating injuries or even death. In fact, a 2013 study in The Journal of Public Safety found that hospital medical errors are the third leading cause of death in the United States, accounting for up to 400,000 deaths a year.
Fighting For Victims Of Medical Negligence And Medical Error
The lawyers at Garau Germano, P.C., have the skill and experience to help you when you or a loved one has been injured as a result of a health care provider’s carelessness. We thoroughly investigate our clients’ claims and work to build a case on their behalf.
Indiana can be a difficult state in which to pursue such claims, but we are equipped to navigate the hurdles posed by the state’s medical malpractice laws. Our Indianapolis 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.
Our firm handles all forms of medical malpractice, including:
- Medication errors and complications
- Emergency room negligence
- Surgical errors
- Anesthesia errors
- Failures to diagnose
- Informed consent
- Nursing errors
- Radiology errors
- Birth injuries
Personalized Representation And Creative Legal Solutions
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.
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 must be done to find that a defendant is liable for 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:
- Owed you a duty of care
- Did not meet the standard of care expected of them
- This resulted in 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 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.
What are common defenses to medical malpractice claims?
Negligent medical professionals and their legal teams will have a bevy of excuses at the ready. 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.
Who/what are potential defendants in 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 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
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.
Contact Our Law Firm 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. Contact our law firm through our website or call 317-978-9973.