Have you been injured because of a medical error in Indianapolis, Indiana? If so, call Rob King & Associates, Trial Lawyers. Our Indianapolis medical malpractice lawyers are prepared to help you fight for the monetary justice you deserve. Call (317) 916-0000 to set a time for a free case review today.
For more than two decades, Rob King & Associates, Trial Lawyers, has been a leading advocate for victims of medical negligence and grieving families. Backed by over 40 years of collective experience, our top-rated Indiana trial lawyers have helped clients win millions of dollars in much-needed settlement agreements and jury awards.
Your doctor and healthcare team have to be held accountable for the devastating injuries and suffering they’ve caused. Force the case results you deserve by trusting our award-winning team to fight for your best interests, too. Contact our law office in Indianapolis at (317) 916-0000 to set a time for a free case review today.
How Rob King & Associates, Trial Lawyers Help Victims of Medical Errors in Indianapolis, IN
Medical errors are one of the leading causes of avoidable injury and death in the United States. Statistically speaking, roughly one-third of all healthcare providers are sued for negligence during their careers. Despite this, medical malpractice cases are among the most difficult civil claims to win. This is thanks in large part to the fact that Indiana’s medical malpractice laws favor doctors and hospitals more than the people who suffer when mistakes are made.
If you’ve been injured because of a medical error, it’s imperative that you hire an experienced Indianapolis personal injury attorney to help you fight for compensation. Choosing Rob King & Associates, Trial Lawyers, puts a team of award-winning Indiana trial lawyers with two and a half decades of collective legal experience in your corner. We’re known for our direct, aggressive approach to litigation and unyielding support of our client’s rights. The results we achieve, including millions in damages, speak volumes about how much we care.
When you turn to us for help with your medical negligence lawsuit, we will:
- Handle all aspects of your legal case so that you have time to recover
- Investigate your case and gather evidence that can help us prove that your healthcare provider was negligent
- Hire independent medical specialists and other experts to collaborate with our legal team
- Depose and interview members of your medical team, hospital administrators, witnesses, and other parties with insight into your case
- Submit evidence, arguments, and other supporting documentation to the medical review panel to demonstrate the legitimacy of your lawsuit
- Force the hospital and its insurance company to make you a top-dollar settlement offer or take their chances going up against our respected Indiana trial attorneys in court
Don’t stress about how to recover compensation for the injuries and suffering you’ve experienced at the hands of a negligent healthcare provider. Take the time you need to get better, and trust our Indiana medical malpractice attorneys in Indianapolis to be your most passionate advocates.
We handle medical negligence claims on a contingency fee basis. Our fees are entirely dependent on the results we achieve. If we don’t win compensation for your medical malpractice claim, you pay nothing.
Ready to get started? Now is the time to call our Indianapolis law office to arrange a free case assessment.
What is Medical Malpractice?
Medical malpractice, at its core, involves a healthcare provider’s deviation from expected standards of care. In Indiana, healthcare providers are expected to exercise the level of care, skill, and knowledge that would be expected of them in their profession. When a provider’s care falls short of what’s expected of them because they make a mistake or engage in criminal activity, it’s considered malpractice. When malpractice causes a patient’s injury or death, the healthcare provider can be liable for resulting damages.
How Can I Prove Medical Malpractice?
The following are the steps that you (with your attorney’s help) should take to prove medical malpractice and succeed in your claim.
Submit Your Claim For Consideration By a Medical Review Panel
In Indiana, a medical malpractice lawsuit proceeds a bit differently than other types of personal injury cases. If you suspect that your damages exceed $15,000, you must submit your case to a Medical Review Panel, which is composed of three licensed healthcare professionals and an attorney, as agreed upon by you and the defense. The Panel will review evidence, depositions, and arguments submitted by both parties and, in some cases, hear directly from the parties.
The Panel will issue an expert opinion, which will explain whether it believes there is a legitimate basis for your medical malpractice claim. Once the Panel has rendered its decision, you will then have 90 days to file your medical malpractice lawsuit with the local Marion County court clerk. The Panel’s opinion can be submitted as evidence to support your case.
Prove Your Healthcare Provider Was Negligent
Once you’ve gotten through the Medical Review Panel process, you’ll have the burden of convincing an Indianapolis jury that your doctor was negligent. This means you’ll have to demonstrate:
- Your healthcare provider owed you a duty of care
- The provider breached this duty of care because they failed to provide the level of care, skill, or knowledge expected of them
- The provider’s conduct was a direct and proximate cause of your injuries, which were not a reasonably foreseeable risk of the care you received
- You’ve sustained damages, such as medical bills, a loss of income, and emotional distress
You’ll need evidence–such as hospital records, provider notes, communication between your medical team, and expert testimony–and facts to support your arguments. If you can prove your allegations by a preponderance of the evidence, you can recover compensatory damages to offset the financial costs and harder-to-value trauma you’ve experienced.
Representing Clients in All Types of Indianapolis Medical Malpractice Cases
At Rob King & Associates, Trial Lawyers, our Indianapolis medical malpractice attorneys have considerable experience helping clients in cases involving:
- Anesthesia errors
- Emergency room errors
- Medication errors
- Defective medical devices
- Birth injuries
- Misdiagnosis
- Delayed diagnosis
- Failure to diagnose
- Surgical errors
In our experience, we’ve discovered that these types of medical errors happen for a multitude of reasons, including, but not limited to, provider fatigue, understaffed hospitals, miscommunication between members of a care team, poor hospital policies, failure to order and/or evaluate lab tests properly, and ignoring patient complaints and concerns.
What Compensation Can Be Awarded to Victims of Medical Negligence in Indianapolis?
Whether you receive a settlement or a jury award, your financial recovery can include both economic damages and non-economic damages for things like:
- Current and future medical expenses
- Rehabilitation
- Nursing assistance
- Out-of-pocket expenses
- Lost wages and earnings
- Disability
- Diminished earning capacity
- Funeral expenses
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Loss of consortium
- Mental anguish
- Disfigurement and scarring
- Chronic physical pain
If your medical malpractice lawsuit makes it to trial, a jury will also have the power to award punitive damages if there’s evidence that your healthcare provider acted intentionally or displayed a conscious disregard for your safety.
Who Could Be Liable For Medical Malpractice?
When a patient suffers injuries or dies because of a medical error, anyone who contributed to that medical error can potentially be liable for resulting damages. This could include the following:
- Primary care physician
- Pediatrician, obstetrician, oncologist, nephrologist, or another specialist
- Emergency room physician
- Surgeon
- Anesthesiologist
- Nurse
- Hospital staff
- Pharmacist
- Hospital administrator
- Hospital
- Urgent treatment center
Liability is shared proportionately to fault. The more responsibility a party shares for a medical mistake, the more they’ll be accountable for your resulting damages.
What is the Statute of Limitations For Medical Malpractice Lawsuits in Indiana?
Indiana has a two-year statute of limitations that applies to medical malpractice actions. Under Indiana’s discovery rule, the statute of limitations does not begin to run until your injury has been diagnosed. You must file your claim with the Medical Review Panel within two years of the date your injury is discovered. Then, you’ll have 90 days to file your formal medical malpractice lawsuit with the local court.
You lose the right to demand financial accountability from your negligent healthcare provider if you miss the filing deadline. Protect your rights by contacting an experienced Indianapolis medical malpractice attorney at Rob King & Associates, Trial Lawyers, as soon as you can.
Schedule a Free Consultation With an Experienced Indianapolis Medical Malpractice Lawyer
Your doctor made a mistake. You’ve suffered the consequences. Make them take responsibility for their actions by calling Rob King & Associates, Trial Lawyers. Our Indianapolis medical malpractice lawyers have the experience and resources you’ll need to assert a winning legal claim for damages.
We’ve been a passionate advocate for injured medical patients in Indianapolis for decades. We’ve recovered millions of dollars in compensation in the process. Now, we’re here to stand up to the hospital and healthcare providers who are responsible for your injuries and suffering, too. Call our Indianapolis, IN, law office today to learn more. There is no charge for your initial case review.
