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Commonly Asked Medical Malpractice Questions

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As a medical malpractice lawyer victims recommend will share, experiencing injuries that were the result of a medical professional’s negligence, victims may be able to seek compensation for their losses. Medical malpractice cases are common because various circumstances can constitute medical malpractice. These cases are notoriously complicated, and victims may feel they are at a deficit when facing large hospital entities, complex legal terminology, and a team of lawyers working for the opposing side. Representation from a lawyer is imperative to achieve the necessary results and hold the negligent party accountable. It’s only natural for victims and their families to have several questions regarding medical malpractice and the legal process. Ward & Ward Law Firm has taken the time to answer common questions, including:

What is medical malpractice?

Receipt of medical care is often a role in most people’s lives. Whether engaging in preventative treatment, receiving treatment for a disease or chronic illness, undergoing surgery, etc., medical care is imperative for people who need to correct problems or ensure that they remain healthy for years to come. Medical professionals endure significant training to ensure their patients receive the necessary treatment. However, in some cases, medical professionals such as doctors, nurses, or hospital staff may make mistakes that cause damage to their patients. Medical malpractice is the legal process for seeking damages for losses a person has experienced due to the medical professional’s failure to uphold the medical standard of care. Injuries from such cases can range but may result in losses that cause long-term impairments and, in some cases, even death.

What are some common examples of medical malpractice?

Medical malpractice can happen in various ways, causing severe issues for victims that can be lifelong. While some may not move forward with their claim, if you are a loved one has suffered at the hands of a medical professional, it may be due to one or more of the following reasons:

  • Surgical Malpractice
  • Birth Malpractice
  • Failure to Treat
  • Failure to Diagnose
  • Misdiagnosing
  • Defective Medical Devices
  • Anesthesia Errors
  • Medication Errors
  • +More

What is a patient compensation fund, and how does it factor into a medical malpractice case?

All medical providers must carry medical malpractice insurance. However, it’s important to note that their policies only extend to specific limits. Because of this, some states have patient compensation funds available to cover damages up to a certain amount. Patient compensation funds offer a few advantages. For providers paying into this fund, they can keep the cost of their insurance premiums down. Victims whose damages exceed the provider’s policy limits (typically $400,000 in Indiana) can retain additional compensation through the patient compensation fund.

Why is it essential to have the representation of a medical malpractice lawyer?

Medical malpractice cases are highly complex, and victims will be required to prove the presence of a doctor-patient relationship and that the negligent party failed to uphold the medical standard of care. The medical standard of care is when the provider administering treatment does not administer the same or similar care that another doctor with the same qualifications would provide. Deciphering medical records can be complicated. A lawyer will be necessary to determine whether legal action makes sense and will retain an experienced expert witness who can understand what went wrong and whether the provider failed to uphold the medical standard of care.

When is the right time to take legal action when medical malpractice is apparent?

Timing is essential when moving forward with a medical malpractice claim. In some situations, it may be crucial to act immediately, while for others, it may be necessary to wait until the extent of the injuries is fully realized. Victims should rely on a lawyer when determining the right time to move forward. However, victims must consider the statute of limitations. The statute of limitations is the length of time victims have to seek legal action; in Indiana, this period is three years.

After experiencing losses that have likely resulted in egregious injuries, victims will need assistance from an attorney to provide them with the representation they deserve.

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