Medical Malpractice Lawyer Valparaiso

Medical Malpractice Lawyer Valparaiso

Medical malpractice occurs when a preventable mistake or intentional action from healthcare providers injures their patients. These errors can include things like misdiagnoses that delay crucial treatments, medication errors that lead to adverse reactions, or surgical errors that result in unintended harm. If you or a loved one has been the victim of medical malpractice in Valparaiso, Indiana, you should seek legal advice from an experienced medical malpractice lawyer.

Our Valparaiso personal injury lawyers at Theodoros and Rooth, P.C. are dedicated to protecting the rights of patients who have suffered harm due to medical negligence. Your well-being is our priority. We take care of investigating your case, gathering evidence to prove who is at fault, and building a strong legal strategy to pursue compensation for your injuries and suffering. By consulting with our Valparaiso medical malpractice attorneys, you can gain peace of mind knowing that your case is in capable hands. 

What is Medical Malpractice?

You may be wondering how you can know if you have a medical malpractice case. Malpractice cases require careful examination, evidence gathering, and legal guidance. Determining whether a healthcare provider’s negligence led to harm is a daunting task and one that should not be taken lightly. Working with a medical malpractice attorney who is familiar with medical laws and regulations in Valparaiso, IN, can prove invaluable.

Based on data from the National Practitioner Data Bank, just in Indiana, there were 758 reports of medical malpractice in the last full year of reporting data. Of those reports, 513 were adverse action reports (AAR), which refer to formal actions taken against healthcare practitioners, including restrictions on hospital privileges, disciplinary actions against their medical license, exclusion from Medicare/Medicaid programs, or other legal judgments. These actions represent official sanctions that impact a practitioner’s ability to practice medicine or participate in healthcare systems.

Medical malpractice arises from a variety of situations, including failure to inform patients about potential risks of treatments, administering incorrect treatments or dosages of medicines, performing procedures without proper care, and misdiagnosing medical conditions. These errors can impact a patient’s health and well-being, often long-term.

File a Medical Malpractice Claim with a Medical Malpractice Attorney Near Me

Dealing with a medical error can be difficult, but you do not have to face it alone. An experienced medical malpractice lawyer can help walk you through the legal process with the goal of achieving the best possible outcome. Building a strong case requires investigating the alleged malpractice and gathering evidence such as medical records and witness testimony. Your attorney will then help you determine a fair settlement that accounts for the damages you have suffered.

You have a couple of options for filing a claim. You can first try filing directly with the healthcare provider’s malpractice insurance to recover economic damages like medical expenses and lost wages. You must file a medical malpractice complaint with the Indiana Department of Insurance (IDOI). You can find a sample complaint form provided by the IDOI, which asks for basic details like the provider’s name, the date of the incident, and the county where the alleged malpractice occurred. It is just $5 to file for the first provider and an additional $2 if you file a report on more than one provider. Send your complaint in with a self-addressed, stamped envelope so they can mail you back a copy.

The IDOI will then forward your complaint to the healthcare provider(s) and their insurers if this is known information. They will also send you back a copy with a qualification letter that tells you if the provider is covered by the program. If this is unsuccessful and you wish to pursue further legal action, you can file a lawsuit in Indiana civil court, seeking broader compensation for damages like pain and suffering, reduced quality of life, and lost earning capacity. If you have further questions, be sure to reach out to a medical malpractice lawyer for further assistance.

Statute of Limitations on Medical Malpractice

You only have two years from the date of the alleged mistake to file under Indiana’s statute of limitations. There are some exceptions to this rule, but it is best to get started as soon as possible to avoid losing out on your ability to file a report and pursue justice. One example of these exceptions includes if the injured person is a minor under the age of six years old. Then, the family has up until the eighth birthday to file.

Examples of Medical Malpractice

Medical malpractice is a disturbingly common issue. According to Johns Hopkins Medicine, medical errors harm an estimated 795,000 people annually. Tragically, these errors result in approximately 371,000 deaths and 424,000 cases of permanent disability. These costly mistakes can happen in various settings and manifest in many ways, sometimes becoming apparent immediately and other times remaining undetected for a period. Common examples of medical malpractice include:

If you believe you have been a victim of medical malpractice, you should seek legal counsel from an experienced medical malpractice attorney as soon as possible. A medical malpractice attorney can advocate for you, helping you obtain necessary resources and holding accountable those responsible for the harm you have suffered.

Calculating the Value of a Medical Malpractice Case with Medical Malpractice Attorneys Near Me

In a medical malpractice lawsuit, you may pursue compensation for two main types of damages: economic and non-economic. Your medical malpractice attorney from Theodoros and Rooth, P.C. will help you calculate these types of damages and ensure that your case value is maximized to best help you recover and regain your life after your injury.

Economic damages cover financial losses directly resulting from medical error or negligence. Calculating these is relatively straightforward because you should have documentation like bills, receipts, and pay stubs. However, you will also want to calculate future damages if you are still recovering or have incurred a life-long disability due to the malpractice incident. Common examples of economic damages include:

  • Hospital bills
  • Costs of additional medical care
  • Physical therapy expenses
  • Lost paychecks during recovery
  • Loss of future earning ability
  • Out-of-pocket expenses
  • Projected future medical costs

Non-economic damages, on the other hand, address the more subjective consequences of the malpractice, such as pain and suffering. These are harder to put a precise dollar amount on, but they are still a crucial part of your losses to consider. Examples include:

  • Scarring
  • Disfigurement
  • Ongoing chronic pain
  • Mental anguish
  • Post-traumatic stress disorder (PTSD)
  • Emotional distress
  • Physical pain and suffering

How Non-Economic Damages Are Calculated

Your medical malpractice lawyer will use established methods to estimate these non-economic damages. Two common ways to do this include the multiplier method and the per diem method. The multiplier method involves totaling your economic damages and multiplying that sum by a number (usually between 1.5 and 5). The multiplier depends on factors like the severity of your injuries and the degree of the healthcare provider’s negligence. A more severe injury and greater negligence would justify a higher multiplier. The per diem method assigns a daily dollar value to your suffering and then multiplies that amount by the number of days you experienced that suffering. These methods help determine a fair and reasonable amount to compensate you for your financial and personal losses.

Punitive Damages in Valparaiso, IN

Under Indiana Law, some medical malpractice cases may qualify to receive punitive damages. These damages are a monetary award given to a plaintiff by the court in addition to the compensatory damages above. These damages are not specifically intended to compensate the plaintiff for their injuries or suffering but rather to punish the defendant for particularly horrible or malicious conduct and to discourage similar behavior in the future.

Since these damages are not compensatory, your lawyer will advise you not to count on receiving them, but there may be things they can do to better pose your case as one that qualifies to receive them. One factor is that courts typically have a higher standard of proof for punitive damages, and the plaintiff must demonstrate that the defendant acted with either malice, oppression, fraud, or reckless disregard. 

Get Help From Medical Malpractice Lawyers Near Me

Navigating the complexities of a medical malpractice claim is challenging, and even more so when you are still recovering from the injury that you sustained. Healthcare providers, their companies, and their insurers are known to vigorously defend against malpractice claims. At Theodoros & Rooth, P.C., our team is committed to advocating for your best interests during life’s most challenging moments. These cases require a deep understanding of local, state, and national law and medicine, which we have built over our 110 combined years of experience.

We will help you investigate the incident, gather evidence, and build a solid case based on proof. Examples of evidence can include medical records, expert opinions, witness testimony, and historical records. We will fiercely advocate for justice and your best interests to maximize your chances of a successful outcome. We value clear and open communication and will ensure you understand what is happening throughout the process. Learn more about us and how we have supported injured people in Indiana.

How Much Does a Medical Malpractice Lawyer Near Me Cost?

Hiring a medical malpractice lawyer can seem like a daunting task, especially if you are still getting over the financial burden of your medical bills. However, it is important to understand that most medical malpractice attorneys work on a contingency fee basis, drastically reducing the upfront financial burden for clients. Working on a contingency fee basis means you typically will not pay any hourly fees or retainers upfront. Instead, the attorney’s fees are contingent upon the outcome of your case. They will receive a percentage of the final settlement you reach with the defendant or the amount awarded to you by a jury if the case goes to trial. 

 

The percentage can vary based on factors like the state where you are filing, the complexity of your specific case, and the particular agreement you establish with your attorney. To illustrate, if your case settles for $1 million and your attorney’s contingency fee is 33%, they would receive $330,000 as their fee, leaving you with $670,000.

While you generally avoid paying hourly fees with a contingency agreement, other costs may arise while pursuing a medical malpractice claim. These costs are separate from the attorney’s fee and are usually paid from the settlement or court award after the attorney’s fees are taken out. Discuss with your lawyer how these expenses are dealt with because some firms will cover them if you do not win your case, while others will expect you to pay them back. Some fees and other expenses could include:

  • The IDOI filing fees mentioned above
  • Payment for expert testimony from doctors and medical professionals
  • Court reporter fees for recording depositions and court proceedings
  • Investigation costs for obtaining medical records and other evidence
  • Travel expenses if depositions or court appearances require it.

Be sure to have a written fee agreement with your attorney that outlines the percentage of the contingency fee, how expenses will be handled, and all other relevant terms of your working relationship. At Theodoros and Rooth, P.C., we offer free initial consultations, which can be used as an opportunity to discuss your case in detail and ask about fee structuring and expense management. Contact us today to set up your case consultation and get your questions answered by a medical malpractice lawyer in Valparaiso, Indiana.

Contact Theodoros And Rooth, P.C. to be Your Trusted Advocate

A medical error can have devastating and life-changing consequences, impacting your physical health, financial stability, and overall quality of life. If you believe you have been the victim of medical malpractice, contact us to help you hold negligent healthcare providers accountable for their actions. We are available 24/7, so call today to schedule a free, no-obligation consultation with one of our medical malpractice lawyers.