Medical malpractice cases are very difficult, and determining whether or not malpractice occurred can be a daunting task on your own. That is why you need the guidance of the attorneys at Theodoros & Rooth.
There are many situations that can be construed as malpractice and every case is unique.
Some of them include:
Not warning patients of the risks of a treatment or a procedure. Sometimes this is also called duty of informed consent.
The wrong treatment. There very well could be a legitimate malpractice claim if a doctor administers a treatment that is clearly one that is not accepted as safe and has not been proven to be successful in similar cases. A doctor can also be charged with malpractice if the treatment is right, but the doctor does not properly administer it, or has not been trained in the specific treatment.
Improper diagnosis. There may be a valid case if a doctor fails to properly diagnose a patient and the subsequent treatment causes additional injury or illness.
Additionally, it is important know that the definition and rules for medical malpractice vary greatly from state-to-state, making it extremely important to get an opinion from a respected and experienced personal injury firm like Theodoros & Rooth.
It is important for injured patients to know that there are time limits to file a medical malpractice case in Indiana. This is called the “statute of limitations.” Generally speaking, under Indiana law, a person has two years from the date that the malpractice and injury occurred to file your claim. If you fail to file your claim within this two year period, you likely will not be able to proceed with your claim later on, although there are some rare exceptions to this rule.
Also, Indiana has a cap on the total amount that a victim of malpractice can recover for an injury or death. For an act of malpractice that occurred between June 30, 1999 and July 1, 2017, there is a $1.25 million cap on total damages available to the plaintiff. If the malpractice occurs after June 30, 2017, but before July 1, 2019, the total cap is $1,650,000. If the malpractice occurs after June 30, 2019, the total cap is $1,800,000.
Medical malpractice laws, rules, and regulations are very complex. Most people are fortunate enough to never have to go through difficulties and complexities over the years of the life of a medical malpractice case. However, if you believe you may have a case, we suggest contacting a law firm that is experienced with medical malpractice cases. At Theodoros & Rooth, we have that experience. Contact us at Theodoros & Rooth if you or your family has suffered because of serious injury, illness or even death at the hands of a supposedly responsible doctor or another medical provider. Sometimes the malpractice is the result of irresponsibility by staff at hospitals or other care facilities, including nursing homes. If we believe you have a case, you will never be alone. Theodoros & Rooth will pursue your case aggressively to seek the settlement you deserve.