Medical Malpractice Lawyers Merrillville

Medical Malpractice Lawyers Merrillville 

Misdiagnoses, medication mix-ups, or surgical instruments left in the body are all examples of medical care gone wrong. Patients who experience these and other types of medical errors can suffer profound and lasting impacts on their health. If you or a loved one has suffered medical malpractice, a Merrillville medical malpractice lawyer can guide and support you as you pursue legal action. 

Theodoros & Rooth, P.C. are committed to your well-being and legal rights. We provide you with highly skilled Merrillville personal injury lawyers who have extensive experience navigating the complexities of medical malpractice cases. We will help you right the injustice committed against you and recover your losses through compensation. When you hire our firm, you receive the representation you deserve. 

What is Considered Medical Malpractice

Medical malpractice occurs when doctors, surgeons, hospitals, or other medical professionals harm a patient because of action, inaction, or erroneous assessments. Medical professionals are held to high standards, and acting negligently and failing to provide patients with the proper care can result in medical malpractice. 

Medical malpractice cases are often very complex and challenging. The malpractice itself must first be discovered or identified, and evidence must be gathered to establish the actions that caused harm to your health. There may also be a significant amount of pushback from hospital legal teams. Hiring medical malpractice attorneys to advocate for you and provide representation is your best chance at receiving a favorable outcome for your case. 

Types of Medical Malpractice

Medical malpractice occurs all too frequently. Johns Hopkins Medicine estimates that 795,000 people are harmed each year due to medical errors. Of those, an estimated 371,000 resulted in death, and 424,000 resulted in permanent disabilities. These costly errors can occur in a variety of ways and settings and may either be discovered right away or at a later date. Some common acts of medical malpractice include: 

If you have experienced any of these situations, it is important to contact a medical malpractice attorney immediately. They will negotiate on your behalf and help you get the resources you need. They will also help you hold the physician who is responsible for malpractice accountable for the harm they caused to you and your health. 

Common Reasons Why Medical Errors Occur

Medical errors can occur for a variety of reasons. Some arise from procedural reasons, while others are more interpersonal in nature. Regardless of the cause, these errors create vulnerabilities in the medical provider’s processes and care of patients. Some of the most common reasons for medical errors include:

  • Errors in communication
  • Inadequate training or knowledge
  • Being understaffed
  • Poor recordkeeping 
  • Poor information transfer
  • Equipment malfunctions or failure
  • Fatigue

Each of these factors can contribute to negligence and medical errors. It is important that hospitals and medical professionals take the proper precautions to prevent these errors from occurring. Patients entrust their lives and care to doctors on a regular basis, and a high standard of care must be upheld. 

Your Rights After Suffering Medical Malpractice

When you have been a victim of medical malpractice, you may feel overwhelmed and uncertain about your options and what to do next. The good news is that you have rights, and enacting these rights allows you to receive the best chance at a successful outcome and compensation. Among your options is the ability to hire a lawyer to represent you throughout all proceedings. They will also help ensure your other rights are protected and your case is resolved as swiftly as possible.

Other rights you have as a medical malpractice victim is to file a complaint against the physician, hospital, or other medical professional that harmed you. You have the right to seek compensation to be paid for by the party at fault. It is also important that you keep all records of the event, as well as any subsequent medical attention you receive after discovering the malpractice. You can use this information and any other evidence you compile to use during the legal process. Your lawyer can also assist you with gathering evidence and statements from witnesses and experts.  

Medical Malpractice Laws in Indiana

Medical malpractice laws often vary by state. While the premise of medical malpractice laws is generally consistent, each state may approach certain aspects differently. Indiana, in particular, has very specific laws and guidelines when it comes to medical malpractice. 

In 1975, Indiana passed legislation to reform some of the key aspects of the Medical Malpractice Act and imposed a cap on the amount of damages a patient may recover for medical malpractice. The cap for total damages was originally set at $1.25 million. It has been raised twice since its origination and is now capped at $1.8 million. Unlike most states, physicians are only required to pay a portion of the total damages up front, while the Patient’s Compensation Fund (PCF) pays the remaining amount up to the capped limit. According to the most current legislation found in IC 34-18-14-3, physicians are responsible for up to $500,000 of a patient’s damages.

Before a patient can sue a physician for medical malpractice, they must first submit a proposed complaint to the Indiana Department of Insurance (IDOI). The IDOI, along with a panel consisting of three physicians, will review the complaint and create a report. From there, a patient may choose to proceed with legal action. It is important to consult a lawyer during this process to ensure you are treated fairly, review the report, and advise on how to proceed. 

According to the National Practitioner’s Data Bank (NPDB), Indiana has filed 2,779 adverse action reports within the last four years alone, detailing disciplinary measures taken against physicians or medical personnel. The state has also reported 1,215 instances of medical payouts to patients who were victims of malpractice. 

Statute of Limitations for Medical Malpractice Cases in Indiana 

According to IC 34-18-7-1, the statute of limitations for medical malpractice is generally two years from the time of the act of malpractice but may also vary based on other specific situations. If the malpractice occurs while providing care for a child under the age of six, then the statute of limitations expires once they reach 8 years of age. 

It is essential to contact a lawyer as soon as you discover evidence of medical malpractice. This ensures you do not miss your window to file a claim and also benefit from a strong case. 

Components of a Medical Malpractice Lawsuit

Medical malpractice arises when a physician or hospital acts negligently, and the patient is harmed as a result. As such, negligence is a key element that must be demonstrated in a medical malpractice lawsuit. A medical malpractice lawyer in Merrillville, IN will establish the standard of negligence as part of your case, which includes:

  • Duty of care: The medical professional had an obligation to keep the patient safe while they were in the care of the physician. 

 

  • Breach of duty: When the medical professional acted negligently, they failed in their responsibility to prevent harm from coming to the patient.

 

  • Causation: The medical professional’s failure was the direct cause of the patient’s injuries or health complications. 

 

  • Damages: Once their negligence has been established, the medical professional is required to pay damages to the patient as an act of restitution. 

Prior to establishing these elements, a lawyer will work with you to gain a thorough understanding of your case and gather the evidence needed to show and support each component of the standard of negligence. It is important to keep all records, results, and documentation so it can be used in your claim. 

The Advantage of Hiring a Medical Malpractice Attorneys Near Me 

Hiring a medical malpractice lawyer is essential for navigating the legal intricacies of a medical malpractice case. There are often specific legal requirements associated with medical malpractice, and an experienced lawyer can support and fight for you regardless of what obstacles arise along the way. They can also help you file a medical malpractice complaint, as well as draft and file any other relevant documents throughout the process.

A lawyer will provide you and your case the time and attention it deserves. They will begin by gaining an understanding of the details of the event and the effects it has had on your life and health. Your lawyer will also review any documentation and evidence you have gathered and help you gather more as needed. They will use all of this data to begin developing effective strategies and building your case. They will aggressively fight and negotiate for you so your rights are protected and you receive any restitution that you are entitled to for your situation. 

Methods of Resolution Medical Malpractice Lawyers Near Me May Use

Throughout your case, your lawyer will seek to resolve your case as swiftly and peaceably as possible. In an effort to accomplish this, they may use methods like mediation or arbitration to resolve the matter. 

Mediation allows for both sides to be heard with the help of a neutral third party with the purpose of arriving at a negotiated agreement that is amenable to both sides. 

Arbitration can be used if mediation is not successful by bringing in an arbitrator to hear the case and make a decision. An arbitrator acts as a judge, and their decisions are binding. These options are the least time-consuming and expensive. 

When these methods fail, the case is resolved through litigation, and your lawyer will provide you with aggressive representation.  

Types of Compensation a Medical Malpractice Lawyer Near Me Law Firm Can Secure

Medical errors can pose serious threats to your health and disruptions to your life. Some mistakes may not be remedied as easily as others and may leave you with a financial and physical burden that you should not have to carry on your own. While it will not change what happened, compensation can help alleviate some of the stress you are under and help you get the resources you need to recover or manage your health. The physicians and medical professionals who are responsible for malpractice are responsible for paying for your damages, which can include:

  • Economic damages: Medical malpractice can be quite costly and leave you with many expenses you did not anticipate. To offset these unexpected costs and avoid paying for them out of pocket, economic damages can help you recover losses of a financial nature, such as costs of treatments, tests, medications, and more. It can also help you recover any income you lost from being unable to work. In the event that the malpractice resulted in death, you can recover funeral and burial costs for your loved one. 
  • Non-economic damages: Medical malpractice takes an emotional and mental toll that can profoundly impact your daily life. As such, these types of damages compensate you for the trauma you have experienced. If you have experienced emotional and mental distress, reduced quality of life, pain and suffering, or loss of enjoyment, you may be able to receive compensation for these losses. 
  • Punitive damages: Sometimes, instances of medical malpractice can be so egregious that it can have irreparable effects. When this happens, you may be able to recover punitive damages in addition to the ones mentioned above to make up for the excessive negligence you suffered. Punitive damages also serve as a punishment and deterrent for the party responsible for the malpractice. 

Contact Our Medical Malpractice Attorney Near Me Law Firm Today

Theodoros & Rooth, P.C. understands the serious health complications that can arise from medical errors, and our medical malpractice lawyers provide you with the support you need to pursue legal action. Our team is committed to helping you get justice and compensation in a timely manner. Contact us today online or at 219-206-2044 to schedule your free consultation today. Let us help you reclaim your life and recover your losses.