Medical Malpractice Lawyers Who 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 Mistakes
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 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 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.
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 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.
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.
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.
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.