Our Hammond medical malpractice attorneys make successfully representing you their priority. We know how to lift these highly stressful and lengthy claims from your shoulders and handle them efficiently. While we can’t change the circumstances, we can explain your legal options and support your choices.
You can count on our attorneys to stand by your side every step of the way, addressing each question and concern you have promptly. We stand up to medical professionals, large medical facilities, and other liable parties in the Hammond area, and we are ready to assess your rights.
Types of Medical Malpractice Cases We Handle
At Midwest Injury Lawyers, we represent clients who experience nearly any kind of medical malpractice.
Our medical malpractice lawyers handle cases involving:
Effective medical malpractice lawyers must understand the medical aspects of your case, not just Indiana medical malpractice laws. When you hire a Hammond medical malpractice attorney from our firm, you hire a dedicated advocate who is not intimidated by your medical issues and experiences or large healthcare companies.
One study revealed that medical errors had become the third-leading cause of death among Americans. In fact, they are an under-recognized cause of death resulting in 10 percent of all deaths in the United States. Considering that doctors and other medical care providers are supposed to do no harm, these are incredibly concerning statistics.
But not every mistake someone with a nursing or medical license makes is medical malpractice. If the medical professional’s actions fall below the accepted medical standard of care concerning the specific circumstances and cause harm to the patient, it is medical malpractice. The standard of care describes the type of care a similarly-skilled medical professional should provide to a patient in the same or similar situation.
For instance, depending on the circumstances, sending a patient home from the hospital too soon can be medical malpractice. Sometimes physicians prematurely discharge patients based on incomplete information because they didn’t take another course of action.
Causes of improper hospital patient discharge include:
Medical malpractice occurs when a doctor, other healthcare professionals, or a hospital causes an injury to a patient, whether by a negligent act or an omission. When a medical care facility, provider, or professional’s performance departs from a standard of practice of those with similar training and experience and harms a patient or patients, there is likely a valid claim for medical malpractice.
To constitute medical malpractice, the claim must include:
Patients who believe their injuries result from medical malpractice should discuss their case with an experienced Hammond medical malpractice attorney.
Injuries resulting from acts of medical malpractice can take on many shapes and forms. A Hammond medical malpractice lawyer can review your injuries and their circumstances to determine if you have a valid legal claim.
However, the most common medical malpractice injuries include:
Medical malpractice can take on many forms and impact all areas of medicine. For example, a diabetic patient must have their right leg amputated below the knee. The current standard of care is that immediately before surgery, the patient (or someone on their behalf if they physically or mentally can’t) must place an X on the surgical site with a marker. The medical/surgical team must also take a brief time out before beginning the surgery to review the type of surgery, the patient’s health history, allergies, and other pertinent information.
Suppose the pre-op nurse forgets to have the patient place an X on their right lower leg before surgery, and the team gets busy and skips their time out. The surgeon amputates the lower left leg instead of the correct right leg.
In this case, medical malpractice has occurred. The patient can bring a lawsuit against the surgeon, the pre-op nurse, and potentially other members of the team or hospital. While this might sound like an extreme example, surgery on the wrong body part or side of the body does happen and can have disastrous results.
Hospital malpractice is medical malpractice that occurs within a hospital setting. In general, hospitals are liable for the actions of their employees. For example, if one of their employees breaches the standard of care, leading to a patient injury, both the employee and the hospital can be named as defendants in a lawsuit filed by the patient’s hospital malpractice attorney.
Under the legal premise of respondeat superior, a hospital can be responsible when one of its employees faces a lawsuit for medical malpractice while acting within the scope of their job description. Usually, staff such as nurses, nurses assistants, hospital technicians, and support staff are hospital employees. However, not all doctors are hospital employees but rather contracted with the hospital to provide care.
Hospitals are not usually liable for the actions of contracted staff. In fact, depending on the circumstances, if an employee acted under the supervision of a contracted physician who controlled the patient’s care, the hospital might not be liable for the malpractice.
The hospital might employee the doctor if:
When you hire a Hammond medical malpractice attorney from our firm to represent your case, we will determine who can be held liable for the damages you suffer due to hospital negligence.
Medical errors can happen because of:
These issues can cause errors:
You may discuss how much compensation your case might recover when you meet with our knowledgeable Hammond medical malpractice attorneys. The answer will depend on your damages, the extent and expected duration of your injuries, and other factors.
Indiana limits the compensation that medical malpractice victims can receive for their claims at $1.8 million for harm that happened after July 1, 2019. Indiana previously capped damages at $1.65 million.
Medical malpractice claims depend on proving causation or that a physician made a mistake or a wrong decision and that was the cause of the claimant’s injuries and damages. Unfortunately, in many cases, the only evidence for a medical provider’s actions are vague or incompetent records and notes.
The legal team must be willing to complete much detail-oriented investigative work to prove a doctor was negligent. Medical malpractice lawyers also need to work with independent medical experts in the same field of medicine to show that the medical provider’s choices were unreasonable.
Another reason why these cases are difficult is that juries tend to side with medical providers. Perhaps the recent lobbying and news of frivolous medical malpractice lawsuits or their own affinities for their medical providers put jurors on the healthcare provider’s side. Either way, it often ends in poor and unfair outcomes for the injured party. Even if a case doesn’t go to trial, knowing that the jury often sides with the medical provider can result in lower settlement offers for the injured party.
However, know that you can overcome these challenges with the help of a competent Hammond medical malpractice attorney. The sooner you contact one, the sooner they can begin building a strong case on your behalf.
If your doctor or another healthcare provider made a mistake but did not cause you harm or injury, you won’t have a case.
Your lawyer must establish that you suffered damages from this injury, such as:
If the injured party or their attorney cannot prove any of these points, they will likely lose the case. When you schedule your legal consultation with us, one of our seasoned Hammond medical malpractice attorneys will carefully review the details of your circumstances to determine if these elements exist and let you know whether you have a viable legal claim or not.
Anytime you suspect that you or a family member experienced an injury related to the medical care you received from a care provider, you should get a case evaluation with an experienced Hammond personal injury attorney to determine if you have a legal claim.
The sooner you do this, you make your lawsuit more effective for two reasons:
If you miss your deadline, you no longer have legal standing to pursue compensation for your injuries. Waiting to contact an attorney can cause you to lose your right to file a lawsuit or the evidence you need to substantiate your lawsuit.
Midwest Injury Lawyers is committed to helping those who have suffered severe injuries or worsening conditions due to the mistakes or deliberate malpractice of physicians and medical specialists. If you suspect a doctor or other medical provider didn’t provide you or someone you love with competent care that meets the industry standard, we want to help.
You deserve compensation for your injuries and damages. Our legal team will investigate the cause of your injuries and work with medical experts to determine who is to blame for your injuries. We will help you evaluate your damages and provide evidence for them within your claim.We offer no-obligation medical malpractice case reviews. Contact us by phone at (219) 200-0151 or online for yours today.
2901 Carlson Drive Suite 364,
Hammond, IN 46323
Phone: <(219) 200-0151Schedule a FREE case consultation
Learn how our team has assisted other victims of medical malpractice. Our attorneys are experienced in Illinois, Wisconsin, and Indiana laws, and we ensure that all of our cases are treated with the utmost care and dedication. For more information, please contact us.
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Tell our experienced team about your accident and/or injuries. One of our personal injury attorneys will contact you to schedule a free case evaluation. Remember: you won’t pay for anything unless we secure a compensation on your behalf.
Call (312) 786-5881 or send us a message online to get started.