Medical malpractice can result in catastrophic and life ending personal injury and damages. Victims of medical malpractice often believed that they were entering into medical care to get better. However, for some patients and their Families that isn't the outcome. Our Medical Malpractice lawyers can help you understand and build a case against the doctor, hospital, nurse, or medical group responsible.
Don’t continue suffering or shuffle from doctor to doctor hoping for better care. Instead, take an active part in recovering compensation that you deserve by hiring an Indianapolis personal injury lawyer. Medical malpractice is rarely a stand-alone incident.
Your decision to initiate a case can help others avoid suffering. When appropriate StewartWood staff will make sure the medical board and the State of Indiana are aware of their medical industries failures. Call StewartWood Injury Lawyers today at (317) 969-6558 to speak with one of our expert medical malpractice attorneys. We provide a risk-free consultation for you to get answers to all of your questions and will fight for you to get the compensation you deserve for your damages and life changing injuries. The StewartWood Attorneys and Staff will work to make sure your not a victim again.
If the case needs to go to trial, StewartWood has years of experience preparing for and being aggressive in the Court Room. Not ALL LAWYERS are the same. Some lawyers do NOT like or want to be in a Court Room or have a Jury Trial. Insurance Companies know that the lawyers at StewartWood will go to trial.
If you suspect you are a victim of medical malpractice, contact the attorneys at StewartWood Injury Lawyers immediately at (317) 969-6558 . We offer a free case review and will listen to the full account of what happened. You should explain the events as they occured from the time of your first doctor’s appointment to your most recent medical procedure or contact with them.
If at all possible, bring in your medical records. Because of strict time restraints, you must act quickly.
Except in a few circumstances, you have two years from the date of the medical error.
However, there are some exceptions to this time frame. For example, if the involved child was under six years old, the guardian or parent has until the date of their eighth birthday to file. Additionally, if it was not reasonable to discover the malpractice injury or harm the courts may allow an extension of the deadline. The question will always circle back to, “why wasn’t the claim filed sooner?”
In the instance of malpractice resulting in a wrongful death, Indiana allows the family up to 2 years. That two-year countdown starts from the time of medical malpractice not the date of death.
If you need a medical malpractice lawyer in Indianapolis, contact StewartWood Injury Lawyers.
Indiana has set the current cap at sets the cap at $1.8 million.
When a doctor is negligent and found guilty of negligence, they only have to pay a portion of the amount. The remainder of the compensation comes from Indiana's Patient Compensation Fund. Combining these resources for patients allows people to recover for the damages.
Under INCAP, the family or victim has two years to file their claim.
Victims of malpractice must file a formal complaint to the Indiana Department of Insurance. Then they will go through an approval process where a Panel of medical experts will review the case. The report from the panel is admissible for your court proceedings if the lawsuit goes that far.
Most medical malpractice cases will reach a full resolution before going to court. Doctors, medical centers, and networks may choose to settle for various reasons. A settlement is usually beneficial to both parties.
Taking a case to trial is necessary for some situations. However, a lawsuit does bring risk to both the plaintiff and the defendant. Defendants will likely want to keep their policies, procedures, or lapses in judgment private.
Regarding settlements, your attorneys will negotiate your behalf and discuss what options are on the table. The final decision of accepting a settlement is yours to make. No one will make that choice for you.
Finally, if your case does proceed, then you will likely need to testify. The majority of the testimony will be from expert witnesses. If you do need to testify, our lawyers will help you prepare for that day.
Just know that if the case needs to go to trial, StewartWood has years of experience preparing for and being aggressive in the Court Room. Not ALL LAWYERS are the same. Some lawyers do NOT like or want to be in a Court Room or have a Jury Trial. Insurance Companies know that the lawyers at StewartWood will go to trial.
At StewartWood Injury Lawyers there is NEVER A FEE until we win your case.
As with medical care, medical malpractice comes in a wide variety of forms. It’s possible that you’ve experienced medical negligence to some degree without even realizing it. For those who are seeking lawsuits against a medical network, medical center, or medical professional, they likely had similar experiences.
Read through each description carefully to understand if that form of malpractice applies to your situation. If you don’t notice anything that matches your experience, then contact the StewartWood Injury Lawyers office to schedule a free consultation. During that consultation, our attorneys can help you identify what type of malpractice you encountered.
Malpractice, concerning the administration of anesthesia, can happen in wildly different ways. For example, the anesthesiologist must ensure that the patient is the right candidate for using anesthesia. They must also watch the patient’s vital signs carefully. Failing to observe these signs could result in the inability to breathe or loss of a heartbeat. Either can result in brain damage or even death.
Other possible injuries include nerve injury that could be permanent or debilitating. Nerve injury, as a result of anesthesia, often comes from poor positioning. It’s the anesthesiologist’s job to ensure the patient is in a good position before and during surgery.
Usually, negligence in the Emergency Room comes from doctors or nurses, not understanding the gravity of the situation. They may be thinking in a best-case scenario mindset or have overlooked vital concerns that led to negligence.
One example of emergency room negligence is discounting chest pain or discomfort as heartburn or acid reflux rather than a heart attack. Another unfortunately typical case of negligence is assessing sharp stomach pain as indigestion when it is appendicitis.
Patient’s rush to the emergency room for immediate care and all they have is a series of symptoms. Doctors in these situations must go through a list of possible diagnosis or issues before ultimately providing a diagnosis. This process is providing a differential diagnosis, and it’s an important step.
If a doctor failed to evaluate the most severe health risks, then you likely have an emergency room negligence case.
Diagnosis cases often involve cancer, and it usually falls to a family practice doctor. A failure to diagnose a situation might start with a patient complaining of an ongoing cough. Then the doctor explains that it’s nothing to worry about and doesn’t request any further testing. At that point, cancer will continue to grow and possibly spread. With cancer, the earlier the diagnosis, the more likely the chance of a cure.
In failure to diagnose cases, this could likely have led to the death or imminent death of the victim.
A medical malpractice lawyer in Indianapolis is your best chance at putting up a good fight. Using the right legal support, you can build a strong case based on hard evidence. StewartWood Injury Lawyers help the victims of medical malpractice. We understand that you thought you were going to start your recovery and instead you were left in worse condition than when you started. Or in some situations, expressed your concerns to a doctor who failed to listen or act appropriately. Contact our offices as soon as you believe you have been the victim of medical malpractice.
The common ground between all medical malpractice claims is that someone should have helped you, and instead, they created more pain and suffering. We are here to provide assistance, and we start with a free consultation. Call StewartWood Injury Lawyerss for a risk-free consultation, and we can begin discussing the specifics of your case today.
Wrongful death cases will involve several regulations and laws which operate at various levels. First, the Indiana Malpractice Act applies to nearly every claim. But, when the instance of malpractice results in a death, correlating wrongful death additional statutes also apply.
Within Indiana, there are both general adult and child wrongful death statutes. Each provides limitations and applicable remedies for the situation.
StewartWood Injury Lawyers has an experienced and knowledgeable team of Indianapolis wrong death lawyers that understand how these different aspects can impact your case. We work to win our clients the maximum amount of compensation available.
The answer is yes! Before filing a claim, three special MMA requirements must be followed or understood.
1. The first requirement is that a patient who wants to file a medical malpractice claim must initially meet with a Medical Review Panel (MRP) before filing the claim in an Indiana court. This panel, comprised of three Indiana health care professionals, helps to determine the legitimacy of the claim. Indiana is among seventeen states who offer this service and the findings therein can be extremely helpful to plaintiffs seeking a suit. The opinion of the review panel does not prevent a plaintiff from filing, but the findings can be used in a court trial. So, it’s important to take this review seriously, so you can likewise be taken seriously in court.
2. The second requirement is the amount of damages a patient can be awarded. This amount was amended in 2019 to include a 3 million dollar increase and is currently capped at 1.8 million dollars. This money comes from the Indiana Patient’s Compensation Fund and consists of surcharge funds taken from the medical malpractice insurance of a hospital or medical practice. This fund experiences yearly rate and penalty changes.
For instance, the 2021 surcharge rate decreased for physicians by 1.65%, but increased for hospitals by 2.1%. These fluctuations have a direct correlation to how much money is in the compensation reservoir for those who are owed money for damages in a medical malpractice suit.
The final important requirement of the MMA is the statute of limitations. Injured patients must file a claim within two years of the date of injury. Though, experienced Attorneys advise those injured in a medical context to start the claim process as soon as possible. If a person does not file a medical malpractice claim within those two years, he or she will not be eligible for injury compensation.
When people think of medical malpractice in Indiana, they often think of problems in surgery or a misdiagnosis. Very few think of the most common form of medical malpractice: incorrect prescriptions. Usually, the doctor prescribing your medication knew what they were doing. However, the pharmacist may have mixed your prescription with a medication that looked similar or had a similar name.
In some cases, medication errors are made when a prescription goes to an unintended patient. Usually, these cases involve fewer damages, and doctors are able to detect the issues promptly. However, an overdose of these drugs or the use of unintended drugs can have life changing effects.
Some potent prescription drugs can result in coma, death, brain damage, and drug addiction.
Nurses do more now than ever before, and it’s nearly impossible to list everything within their job description. They are becoming known as the “eyes and ears” of doctors. The thought is generally concerning, but when you look at the tasks that they do initially, it seems fine.
A nurse will be responsible for noting differences or changes in vital signs such as pulse, and blood pressure. They’re also responsible for informing doctors of changes in physical aspects of the patient such as decreased urination or presented mental concerns. Not reporting these changes, or simply forgetting to report them can result in serious harm.
Forgetfulness can also include not placing appropriate bands on the patient, which would note them as a fall-risk. The fact that something was forgotten when they have a workload as heavy as nurses are not surprising. However, when you consider that it’s someone’s health and safety, it’s clear that these problems shouldn’t happen.
Alternatively, nurses who do not provide an adequate level of attention to the basic safety and hygiene practices of their patients can be negligent. They may give the wrong dosage, misplace an IV, or provide the wrong medication. Most nurses are fantastic guardians and advocates for patients.
At StewartWood Injury Lawyers there is NEVER A FEE until we win your case.
Radiologists review x-rays, MRIs, CT scans, and other image-based medical test results. They should take care during this process to ensure that no serious conditions go undiagnosed.
Radiology errors can allow people who have cancer to believe that they are otherwise healthy and not pursue treatment. Additionally, if someone did receive diagnostic testing, a doctor may hesitate to put the patient through screening resulting in harms. A patient complaining of ongoing pain or discomfort may receive advice that it’s a pain management issue.
Unintended things happen during surgery. A surgeon may not fully identify what they are cutting into and cause severe damage. They may also not be aware that a complication has developed and fail to respond.
One example of a surgical error is for a surgeon performing a gallbladder removal to cut through the vital structure rather than the common bile duct. The result is a substantial damage and pain for the patient.
Surgeons are in a position to make minor cuts or nicks and cause severe damage. Other surgical errors or examples of surgical negligence include leaving tools within the patient or taking more of anything than was necessary. If someone was having a tumor rumored from their intestinal tract and removed more than necessary, that patient might suffer for the rest of their life.
Surgical errors may take some time to identify, and you should discuss these issues with StewartWood. Not only can it result in extending the deadline to file, but it can also impact the outcome of your case. Work with an attorney to determine how long you lived with pain or other problems because of a surgeon’s error. In many cases, you will need to stand up against a hospital and not just a lone doctor.
As with medical care, medical malpractice comes in a wide variety of forms. It’s possible that you’ve experienced medical negligence to some degree without even realizing it. For those who are seeking lawsuits against a medical network, medical center, or medical professional, they likely had similar experiences.
Read through each description carefully to understand if that form of malpractice applies to your situation. If you don’t notice anything that matches your experience, then contact the StewartWood Injury Lawyers office to schedule a free consultation. During that consultation, our attorneys can help you identify what type of malpractice you encountered.
The answer is yes! Before filing a claim, three special MMA requirements must be followed or understood.
1. The first requirement is that a patient who wants to file a medical malpractice claim must initially meet with a Medical Review Panel (MRP) before filing the claim in an Indiana court. This panel, comprised of three Indiana health care professionals, helps to determine the legitimacy of the claim. Indiana is among seventeen states who offer this service and the findings therein can be extremely helpful to plaintiffs seeking a suit. The opinion of the review panel does not prevent a plaintiff from filing, but the findings can be used in a court trial. So, it’s important to take this review seriously, so you can likewise be taken seriously in court.
2. The second requirement is the amount of damages a patient can be awarded. This amount was amended in 2019 to include a 3 million dollar increase and is currently capped at 1.8 million dollars. This money comes from the Indiana Patient’s Compensation Fund and consists of surcharge funds taken from the medical malpractice insurance of a hospital or medical practice. This fund experiences yearly rate and penalty changes.
For instance, the 2021 surcharge rate decreased for physicians by 1.65%, but increased for hospitals by 2.1%. These fluctuations have a direct correlation to how much money is in the compensation reservoir for those who are owed money for damages in a medical malpractice suit.
The final important requirement of the MMA is the statute of limitations. Injured patients must file a claim within two years of the date of injury. Though, experienced Attorneys advise those injured in a medical context to start the claim process as soon as possible. If a person does not file a medical malpractice claim within those two years, he or she will not be eligible for injury compensation.
When people think of medical malpractice in Indiana, they often think of problems in surgery or a misdiagnosis. Very few think of the most common form of medical malpractice: incorrect prescriptions. Usually, the doctor prescribing your medication knew what they were doing. However, the pharmacist may have mixed your prescription with a medication that looked similar or had a similar name.
In some cases, medication errors are made when a prescription goes to an unintended patient. Usually, these cases involve fewer damages, and doctors are able to detect the issues promptly. However, an overdose of these drugs or the use of unintended drugs can have life changing effects.
Some potent prescription drugs can result in coma, death, brain damage, and drug addiction.
Nurses do more now than ever before, and it’s nearly impossible to list everything within their job description. They are becoming known as the “eyes and ears” of doctors. The thought is generally concerning, but when you look at the tasks that they do initially, it seems fine.
A nurse will be responsible for noting differences or changes in vital signs such as pulse, and blood pressure. They’re also responsible for informing doctors of changes in physical aspects of the patient such as decreased urination or presented mental concerns. Not reporting these changes, or simply forgetting to report them can result in serious harm.
Forgetfulness can also include not placing appropriate bands on the patient, which would note them as a fall-risk. The fact that something was forgotten when they have a workload as heavy as nurses are not surprising. However, when you consider that it’s someone’s health and safety, it’s clear that these problems shouldn’t happen.
Alternatively, nurses who do not provide an adequate level of attention to the basic safety and hygiene practices of their patients can be negligent. They may give the wrong dosage, misplace an IV, or provide the wrong medication. Most nurses are fantastic guardians and advocates for patients.
Radiologists review x-rays, MRIs, CT scans, and other image-based medical test results. They should take care during this process to ensure that no serious conditions go undiagnosed.
Radiology errors can allow people who have cancer to believe that they are otherwise healthy and not pursue treatment. Additionally, if someone did receive diagnostic testing, a doctor may hesitate to put the patient through screening resulting in harms. A patient complaining of ongoing pain or discomfort may receive advice that it’s a pain management issue.
Unintended things happen during surgery. A surgeon may not fully identify what they are cutting into and cause severe damage. They may also not be aware that a complication has developed and fail to respond.
One example of a surgical error is for a surgeon performing a gallbladder removal to cut through the vital structure rather than the common bile duct. The result is a substantial damage and pain for the patient.
Surgeons are in a position to make minor cuts or nicks and cause severe damage. Other surgical errors or examples of surgical negligence include leaving tools within the patient or taking more of anything than was necessary. If someone was having a tumor rumored from their intestinal tract and removed more than necessary, that patient might suffer for the rest of their life.
Surgical errors may take some time to identify, and you should discuss these issues with StewartWood. Not only can it result in extending the deadline to file, but it can also impact the outcome of your case. Work with an attorney to determine how long you lived with pain or other problems because of a surgeon’s error. In many cases, you will need to stand up against a hospital and not just a lone doctor.
Don't suffer in silence. Our personal injury lawyers provide expert medical malpractice legal services to help you get the compensation you deserve and make a difference. Subscribe to our newsletter to stay in the know.
StewartWood Injury Lawyers offers medical malpractice legal services across Indianapolis, Central Indiana, Greenwood, Brownsburg, Avon, Kokomo, Muncie, Anderson, Ft. Wayne, Bloomington, Greenfield, Terre Haute, Noblesville, Plainfield, Lafayette and the surrounding areas.