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June 26, 2022

Medical Malpractice Lawyer

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Medical Malpractice Lawyer

When patients suspect that they have been victims of medical malpractice, moving forward can be daunting for several reasons. Medical negligence often results in damages that require subsequent treatments, and victims may also suffer impairments that result in long-lasting physical disabilities. Additionally, cases of this nature are complicated, and the thought of going up against medical providers and their teams of lawyers can seem like an uphill battle. While this can be true, Hall-Justice will share with victims that having their own legal representation to protect their rights and guide them through the legal process can alleviate stress and provide confidence in knowing that they are receiving the many advantages that an experienced lawyer can provide. For victims of malpractice, there will be numerous questions that you will be seeking the answers to: 

What is medical malpractice?

Medical malpractice is when a medical professional fails to provide adequate treatment to their patients. These cases result from mistakes or negligent actions on the part of the medical provider. As a result, victims of malpractice can seek legal action against the responsible party to gain compensation for the losses they have suffered. Medical malpractice can take many forms, for example:

  • Failure to diagnose
  • Misdiagnosing patients
  • Not ordering the necessary testing
  • Misinterpreting test result
  • Making surgical mistakes
  • Improper aftercare
  • Medication mismanagement

As a result of malpractice, victims stand to experience significant damages that impact their everyday life. Victims may experience physical pain, ongoing debilitations, loss of income due to an inability to work, etc. 

Who can be held responsible for medical malpractice?

A medical malpractice lawyer will share that medical malpractice cases don’t just involve doctors. Many within the medical community may find themselves facing a malpractice claim against them, for example: 

  • Doctors
  • Surgeons
  • Nurses
  • Physical Therapists
  • Dentists
  • Anesthesiologists
  • Hospitals
  • Pharmaceutical Companies
  • Psychologists
  • Radiologists
  • +More

What is needed to prove a medical malpractice case?

When proving medical malpractice, victims must prove that the medical professional in question owed a duty of care, breached the duty of care and that injuries resulted and damages were suffered. To build such a case, substantial evidence will be necessary to tie these elements to one another. In addition, Indiana also requires victims to file a complaint with the Indiana Department of Insurance. A medical review board then reviews this complaint made up of several doctors and a lawyer. The review board will then determine whether the medical provider failed to uphold the medical standard of care. The determination made by the medical review board can act as evidence should the case move towards litigation. 

How long does the medical review board take to review the case?

According to the Department of Insurance, the medical review board is selected within 15 days of a filed request. Once the committee is formed, they must provide their opinion within 180 days. 

What types of evidence are needed for cases of this nature?

Ample evidence is necessary for medical malpractice cases. Victims should initiate the process of gathering evidence as soon as possible. Relevant evidence a lawyer can assist with gathering include:

  • Your Personal Account
  • Medical Documentation
  • Witness Testimony
  • X-Rays
  • Lab Testing 
  • Healthcare Policies
  • Videos/Photographs

Timing is essential for medical malpractice cases because once the statute of limitations expires, the opportunity to seek damages for losses may no longer be available in many situations. Lawyers can play a valuable role throughout the process for victims as they can dedicate the time, experience, and resources necessary to protect the rights of those who have fallen victim to medical malpractice. 

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