Crown Point Medical Malpractice Attorney
Medical errors are egregious mistakes made by physicians when they fail to maintain a high standard of care. These issues cost the healthcare industry billions of dollars each year and cause serious complications for those who have been directly impacted. If you or a loved one have been injured and had your trust betrayed by a medical professional, a Crown Point medical malpractice lawyer can provide you with the support you need to take action.
Theodoros & Rooth, P.C. can help you get justice when you have been the victim of a medical error. We understand that this can be frightening and overwhelming, and we support and fight for you throughout every stage of the legal process so you can get maximum results. A Crown Point personal injury attorney from our team will handle all aspects of your case so you can focus on your recovery,
Medical Malpractice Has Devastating Effects
Medical errors occur at alarming rates every year. The National Library of Medicine reports that the third leading cause of U.S. deaths is due to medical malpractice. These errors are responsible for more than 200,000 deaths and 400,000 injuries across the country. Additionally, Indiana alone has reported 2,779 reports of adverse actions within the last four years, according to the National Practitioner Data Bank. However, annual numbers appeared to decline steadily during that time period.
Understanding what constitutes medical malpractice is important when there are so many types of medical errors and variables. Patients put their lives in the hands of doctors each day, and when doctors fail to provide correct treatments, diagnoses, or warnings, they can be held accountable for malpractice. With so much at stake for patients, doctors are held to high standards and are expected to maintain a high quality of care.
If you think you have been the victim of medical malpractice but are not sure if you have a case, a Crown Point medical malpractice attorney can evaluate your situation and verify whether or not you have the right to sue. They can also answer any of your questions and even help advise you on your options and course of action.
The Impact of Medical Malpractice on Patient Lives
Medical malpractice often has long-term impacts on patients. While some conditions may be reversible, others may leave individuals in worse health or require them to constantly manage a new condition. To repair the damage that was caused by a physician’s negligent actions, individuals may have to undergo more medical treatments than they would have in the first place.
As such, these errors also have a significant impact on an individual’s finances. Additional medical care means more medical bills, many of which are well beyond what the average individual or family can afford. Medical costs may also limit patients from getting the corrective care they need.
With the physical and financial effects of medical malpractice, it is no surprise that it can also impact the patient’s psychological and social health. Psychological impacts most frequently take the form of anger, grief, distrust, internalized blame, flashbacks, and/or PTSD and other mental health challenges. A victim’s behavior may also change, and they may view themselves or approach healthcare differently and may be more vocal about their experience going forward.
Types of Medical Malpractice Patients May Suffer in Crown Point
Medical malpractice can come in many forms. No area of the healthcare industry is immune to its occurrence either. Some of the most common types of medical malpractice errors include:
- Receiving a diagnosis that is incorrect or delayed
- Exhibiting symptoms that a doctor did not treat properly, promptly, or accurately.
- Mistakes, mix-ups, or mislabeled medications
- Anesthesia that is administered in doses that are too small, too large, or incorrectly
- Birth injuries that should have been prevented through advanced care or more caution during delivery
Other medical errors can include surgical errors, unnecessary treatments, ER errors, medical gaslighting, and failing to get informed consent.
Why Does Medical Malpractice Occur
With so many ways medical errors can occur during treatments, it is not uncommon to ask why they happen. According to Duke Health, there are three main factors that contribute to medical malpractice.
The first is the result of poor judgment, failing to properly assess patients when they come in for appointments, and insufficient care during treatment. Another reason why medical malpractice exists is the lack of communication between healthcare professionals and patients. In this vein, they may also fail to properly document a patient’s condition, which can cause issues when another physician continues care. Medical malpractice is also the result of a lack of experience and the skills needed to properly treat patients.
Additionally, medical malpractice can also be the result of overworked doctors. Doctors who have not had enough rest and are seeing a large number of patients are more susceptible to making mistakes. While this most often leads to diagnosis mistakes, it can affect many other areas of care and treatment as well.
Medical Malpractice Reporting Process in Indiana
If you discover that you have suffered from a medical error, the Indiana Medical Malpractice Act requires that you follow a specific process prior to taking legal action. You must first file a complaint with the Indiana Department of Insurance (IDOI) to report the malpractice. Your case will then be evaluated by a panel of three physicians, who will issue a report detailing their findings. Once completed, you can pursue a medical malpractice lawsuit if you choose.
If you decide to move forward with suing the physician responsible, you may use the report as a form of evidence in your case. The panelists who conducted your case review can also be called upon to provide expert testimonies in your lawsuit as needed.
Additionally, your lawyer can provide additional counsel on what the report means for the strategy and outcome of your case and how to best utilize the report. They will also be able to advise you on what other forms of evidence you may be able to use in support of your allegations. You may also need evidence to support or refute the findings from the IDOI report.
Recovering Your Losses Through Compensation in a Medical Malpractice Lawsuit
Medical errors can be quite costly. Not only do they take a physical and mental toll, but they also take a financial one as well. Mitigating the impact of the error often requires additional medical care that you had not planned on. You might require tests, treatments, or medications to combat the conditions you are now facing due to the malpractice.
However, when you pursue a medical malpractice lawsuit, you have the chance to recover your losses in the form of compensation, which allows you to pay for your medical care, get any additional care that you need, and use it to offset the other losses in your life. Below is a closer look at the types of damages you may be able to recover.
Economic Damages
Economic damages are used to offset the costs of your expenses by calculating the value of each one to determine your compensation. Your monetary losses might include diagnostics, labs, surgeries, doctor appointments, ongoing treatments, medications, and therapies.
If you have been unable to work, damages can also recover income that you have lost. In the event that a loved one dies from a medical error, funeral and burial costs are also covered by economic damages. Compensation helps you pay for each of these losses as applicable, so you do not have to cover these costs yourself.
Non-economic Damages
Non-economic damages are designed to help ease your pain and suffering through financial help. Medical errors can impact your lifestyle and your ability to cope with the trauma and changes you have suffered.
Damages seek to ease the mental and emotional distress you are dealing with, the inability to enjoy normal activities, and/or have the same quality of life as before. You may have also lost a loved one or lost the ability to maintain the same level of companionship with a loved one that you once had.
Punitive Damages
If a medical professional committed an act of extreme negligence or was malicious, you could be suffering severe or irreparable losses from their actions. In instances where this happens, a judge may require that punitive damages be used to punish the physician for their actions and make them pay you additional damages to offset your losses.
Medical Malpractice Attorneys are Essential to Getting Results
A seasoned lawyer is essential when you are dealing with a medical malpractice case. Hospitals are likely to have strong legal teams that may put up a fight, and a lawyer can protect you and build a strong case to hold the negligent party responsible.
To have a strong case, your lawyer will learn every detail of your case so they can identify and apply effective strategies. They will also conduct a thorough investigation to learn what actions the physician took, what their responsibilities were, the effects on your life, and more. Your lawyer will also review any evidence you have already compiled and help gather more throughout their investigation.
Medical malpractice cases can be challenging and may require a lot of effort to establish that the error occurred. However, a lawyer familiar with the complexities of these types of cases understands how to skillfully maneuver among the various demands of the case to reach a resolution for your case. They will also use a variety of approaches to ensure your case is tailored to your needs, has a solid foundation, and can withstand any potential obstacles. Your lawyer will also protect your rights and negotiate for you so you can get the justice and compensation you deserve.
Demonstrating Negligence in a Medical Malpractice Case
Medical malpractice is often rooted in negligent actions. Whether the wrong action was taken or the lack of action is the issue, physicians are responsible for taking all necessary precautions to maintain a standard level of treatment. As such, any acts of negligence become the focal point of a medical malpractice case. During your lawsuit, your lawyer will demonstrate the physician’s negligence through the four D’s of Medical Malpractice: duty, deviation, direct cause, and damages.
Together, these elements are used to show that a healthcare professional was responsible for providing you with a high standard of care that they failed to execute. This failure led to the medical error and injuries you are suffering from, and the physician is liable for your restitution. Demonstrating and providing evidence to establish these components are the foundation of your case.
Medical Malpractice Claims Should be Filed Promptly
If you are considering filing a medical malpractice claim, it is important to do so as soon as possible. According to IC 34-18-7-1, victims generally have two years from the time of the event to file a claim and seek compensation. In the event that the affected individual is a child under the age of six, the statute of limitations is extended until their eighth birthday.
Indiana also has discovery provisions. If you do not discover the signs or effects of the malpractice until a much later date, you may still be able to file a claim, depending on your situation. It is essential to talk with a lawyer as quickly as possible upon realizing you are a victim of malpractice. A medical malpractice attorney can provide clarity on whether or not you still have legal recourse.
Theodoros & Rooth, P.C. Aggressively Fight for Your Future
Medical malpractice can upend your life, and Theodoros & Rooth, P.C. are here to help you reclaim it. We aggressively fight for you and help you stand up to hospital legal teams so you do not have to pay for their mistakes. We provide experienced counsel and strong support to get you results you are satisfied with. Contact us today to schedule a free consultation and talk with a Medical malpractice attorney in Crown Point about your injuries