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Every medical malpractice case is different, so it is important not to make assumptions about the potential strengths and weaknesses of your situation until you’ve spoken with a lawyer. This is especially pressing for those patients who are unsure of whether they have cause to file legal action because they are unsure of whether they can prove their suspicions that their harm resulted from substandard medical care.

In a nutshell, medical malpractice occurs when a medical professional or facility provides substandard care to a patient and that patient suffers harm as a result. Substandard care is a somewhat fluid concept, as it is applied differently in each case. At its most basic, substandard care is defined as care that does not meet the standards that would be upheld by a reasonably competent provider who was faced with similar circumstances.

Get a Tangible Copy of All Doctor Recommendations

Speaking with your doctor about health concerns can be stressful and overwhelming. You may not remember everything the doctor said or all of the details of the conversation. When it comes to your well-being, you need to be as informed as possible. It helps to have a hard copy of everything your doctor recommended and any instructions to prepare for a procedure. This will also enable you to have it in print for other medical professionals to review.

Bring Someone With You

When you are having health problems, it helps to have another person go to your medical appointments with you to hear what the doctor says and ask questions you may not think of while you are there. You will also have someone to speak with about the appointment afterward who heard firsthand what the professionals said. Having someone else there is especially helpful when your doctor goes over detailed treatment options.

Ask Plenty of Questions

Hopefully, you have a good doctor who spends enough time with you at appointments. Many doctors process their patients as if on a conveyor belt, but a good doctor spends time making sure their patient understands. The more information you have, the easier it is to avoid the unexpected.

Go For a Second Opinion

A different medical professional’s input is essential even if you’ve been going to your doctor for years. After all, doctors are highly educated, but they are also human, so even with the best intentions, they may not give an appropriate suggestion for your issue. If your doctor gives a diagnosis and a treatment suggestion, getting a second opinion from another doctor can be highly beneficial. If both doctors recommend the same treatment, it can put your mind at ease. It can also help your peace of mind to acknowledge that you have done your homework and prepared as much as possible.

Common Causes of Medical Malpractice

Medical malpractice, while rare considering the extensive training and expertise of healthcare professionals, remains a significant concern in the medical field. This form of professional negligence arises when a healthcare provider, such as a doctor or nurse, deviates from the standards of their profession, leading to patient harm. Some of the most prevalent causes of medical malpractice include:

Surgical Errors

Invasive procedures are often vital for treating various health conditions, but they carry inherent risks. Surgical errors are a prime example of medical malpractice, where the consequences can be severe. Common instances of surgical negligence include performing a procedure on the wrong body part, accidentally leaving surgical instruments inside the patient, and unintentional organ damage during the operation. These errors can result from a range of factors, including poor preoperative planning, miscommunication among the surgical team, and surgeon fatigue.

Misdiagnosis or Delayed Diagnosis

This is among the leading causes of medical malpractice claims. When a healthcare provider fails to accurately diagnose a serious health condition promptly, the patient’s condition may deteriorate, potentially leading to irreversible harm or even death. For example, mistaking lung cancer for a less severe condition like bronchitis can delay critical treatment, allowing the cancer to progress to more advanced, less treatable stages. Factors contributing to misdiagnosis include failure to recognize symptoms, inadequate medical history evaluation, and errors in lab test interpretation.

Anesthesia Errors

Anesthesia is crucial for pain management during surgical procedures. However, errors in its administration can have catastrophic outcomes, including permanent injury or death. Anesthesia mistakes can involve giving too much or too little anesthesia, ignoring patient vital signs, and using malfunctioning equipment. These errors are often due to factors like inadequate preoperative assessment of the patient, poor communication among the medical team, and lack of proper monitoring during surgery.

Medication Errors

Incorrect medication prescriptions or dosages constitute a significant portion of medical malpractice cases. These errors can occur at various stages, from prescribing to dispensing and administering medication. They can result from a doctor prescribing the wrong medication or dosage, a pharmacist dispensing the incorrect drug, or a nurse administering medication improperly. Causes of medication errors include miscommunication, inadequate patient information, and confusion caused by similar drug names.

Birth Injuries

Childbirth, while a momentous occasion, can be complicated by medical errors that result in birth injuries. These injuries can range from mild to severe, including conditions like cerebral palsy, facial paralysis, brachial palsy, and fractures. Birth injuries can occur due to several reasons, such as improper use of delivery tools, failure to monitor the baby’s vital signs adequately, or neglecting signs of fetal distress. These injuries can have long-lasting or permanent effects on the child’s health and development.

Understanding these common causes of medical malpractice is vital for both healthcare professionals, to prevent such occurrences, and patients, to be informed and vigilant about their healthcare.

Types of Damages in a Medical Malpractice Claim

In the complex arena of medical malpractice claims, understanding the various types of financial compensation available is crucial for victims seeking justice. These damages, categorized based on their nature and calculation methods, form the foundation of a compensation claim. Engaging with a proficient medical malpractice lawyer, especially in locales such as Lafayette, IN, is vital to effectively navigate these legal waters and optimize the chances of a favorable outcome.

General Damages

General damages in a medical malpractice case refer to compensatory damages that are not easily quantifiable in monetary terms. They represent the more intangible, non-economic losses suffered by a victim due to medical negligence. Calculating these damages typically involves complex estimations, relying heavily on expert testimonies and extensive documentation. Common types of general damages include:

• Physical Pain and Suffering. This covers the actual physical discomfort and pain endured by the victim as a result of the malpractice.
• Mental Anguish. Often, victims suffer psychological impacts such as stress, anxiety, depression, or trauma, which are encompassed under mental suffering.
• Diminished Quality of Life. This addresses the loss of enjoyment in life due to disabilities, chronic pain, or other lasting effects of the medical error.
• Future Earnings Loss. If the malpractice leads to a reduced capacity to work or permanent disability, compensation for future earnings that are potentially lost or diminished is considered.

Law firms specializing in medical malpractice, like the Hall Justice Law Firm, offer essential guidance in documenting these damages and effectively presenting them in a legal claim.

Special Damages

Special damages, in contrast, are more straightforward to calculate as they correspond to direct, economic losses incurred by the victim. These include:

• Medical Expenses. One of the most concrete forms of special damages, it covers all medical bills and healthcare costs directly resulting from the malpractice. Victims must meticulously collect and present all relevant bills and receipts.
• Lost Wages. Compensation for lost income due to time off work for recovery or treatment is included here. Calculating this damage is relatively straightforward, especially for salaried employees, as it involves assessing past earnings and hours worked.

The process of quantifying special damages typically involves a detailed examination of financial records, pay stubs, and medical invoices. Maintaining accurate records and sharing these with your medical malpractice attorney is crucial for substantiating these claims.

Navigating a medical malpractice claim involves understanding these categories of damages and effectively proving them in a legal context. This underscores the importance of engaging with knowledgeable legal professionals who can guide victims through the intricacies of the claim process, from gathering necessary documentation to arguing the case in court.

Punitive Damages

Punitive damages are only awarded in cases where it can be proven that the doctor at fault knowingly acted in a way that caused harm to the patient. They must have blatantly disregarded safety, such as botching a surgery to ensure the patient needed future treatment.

Wrongful Death

Family members of a loved one who died as a result of medical malpractice may also be entitled to damages. Financial compensation can cover the victim’s final expenses, as well as provide support for the family’s future. Factors such as work history and spending habits will be examined to determine a figure.

Medical Malpractice claims can be difficult to navigate if you don’t have the knowledge and experience that our firm does. To receive financial compensation from a medical malpractice claim, you must prove that the malpractice was the cause of the harm that you suffered. You will also need reasonable documentation and evidence to reach an approximate monetary figure.

How a Medical Malpractice Lawyer Can Help You

You have certain rights as a medical patient. You are entitled to the standard of medical care. Yet, you may leave operations or treatments worse off than you were before.

If you suffered negligent care from a provider, you could qualify for a medical malpractice claim. A medical malpractice lawyer in Lafayette, IN, can help you sue providers for medical malpractice.

They Can Start Investigating

You may be unsure if your injuries are a result of malpractice. This is normal. Things can happen so fast that it can be hard for you to remember what occurred. You could’ve been under general anesthesia for an operation. In this case, you likely can’t remember anything that happened at all.

A medical malpractice lawyer in Lafayette can help put together the pieces of the puzzle. Different pieces have different possibilities of evidence. They may read medical records and ask an outside doctor about proper treatment. They could ask other witnesses of the scene about what occurred.

Your lawyer can draw on several different pieces to help put together what occurred.

They Can Start the Legal Process

If a lawyer concludes that you suffered from medical malpractice, they can go ahead and start the legal proceedings. They can file all the proper paperwork and continue to strengthen the argument for your case. Negotiations can be huge at this point. A lot of the time, you can get your compensation through a settlement. A lawyer can be a key negotiator to stand up for your rights and get you what you need. Sometimes, the lawsuit does get taken to court. In that case, you can trust a lawyer to guide you on the proceedings. They can gather the evidence needed to present a thorough argument to the jury.

They Can Answer Your Questions

Legal proceedings can be exhausting for anyone. This can be doubly so for someone dealing with prolonged injuries. Know that the Hall Justice Law Firm is there for you. An attorney can answer any questions you have about the process.

They can also prepare you for whatever course of action has to be taken. You don’t have to go into the process blind. Leaving the hard work to a professional can help. You can get your compensation and focus on recovery.

Lafayette Medical Malpractice Statistics

According to multiple studies, medical mistakes may be responsible for approximately 250,000 deaths in the United States each year, making it one of the leading causes of death. Misdiagnosis or delayed diagnosis accounts for nearly one-third of medical malpractice claims filed. Surgical errors make up 25 percent of all claims filed.

If you’ve suffered an injury due to hospital negligence, contact a medical malpractice lawyer to discuss your legal options. Indiana law allows malpractice victims to pursue damages for medical expenses, loss of income, pain and suffering, disability, and more.

FAQs About Medical Malpractice

Are Medical Malpractice and Medical Errors the Same Thing?

Medical errors are a kind of medical malpractice. Not all medical malpractice involves medical errors, but it is safe to say that many, many instances of medical malpractice involve errors. Medical malpractice occurs whenever substandard care causes the injury of a patient. Many medical errors are injurious but other circumstances qualify as medical malpractice, too. For example, if a patient arrives in an Emergency Department and the facility refuses to treat them for professionally unacceptable reasons, any harm that results from that failure to treat them could be considered grounds for a medical malpractice lawsuit.

Is Medical Malpractice Common?

As our skilled Lafayette medical malpractice lawyer at our firm can confirm, medical malpractice is mind-bogglingly common. A now-famous study released by researchers at the Johns Hopkins University School of Medicine determined that medical errors alone are the third-leading cause of death in the U.S. This statistic says nothing about the millions of non-fatal (but still injurious) medical errors and instances of medical malpractice that occur annually as well.

What if a Patient Isn’t Sure of Whether Their Harm Is Actionable?

Please understand that you do not need to know with any certainty whether you have a cause of action before you make a consultation appointment with our firm. It is very common to suspect that your care team or a particular medical facility has harmed you as a result of substandard care without being able to prove such suspicions immediately. Medical professionals are not always aware of their missteps and those who are aren’t always willing to admit to them freely.

What if a Patient Has Already Been Offered a Settlement?

If the settlement is fairly valued, it may be worth considering. If it isn’t, you’ll need to know how unfairly it is valued and what rights you’re being asked to sign away by potentially accepting the settlement.

Hall-Justice Law Firm LLC, Medical Malpractice Lawyer

200 Ferry St Suite A, Lafayette, IN 47901

Obtaining Legal Assistance

Navigating the intricacies of medical malpractice cases demands specialized legal expertise, making the choice of a competent attorney crucial. Our legal team will adeptly handle negotiations with insurance companies, aiming to alleviate your stress throughout the process.

Our firm is dedicated to guiding victims through the complex process of medical malpractice claims, helping them understand their rights and the types of damages they can pursue. Whether it’s general damages that address the intangible aspects of suffering or special damages covering direct financial losses, our team at Hall Justice Law Firm is committed to providing thorough, empathetic, and effective legal representation to ensure that our clients receive the justice and compensation they deserve. Speak with our medical malpractice lawyer in Lafayette today for a free case review.