You Need a Medical Malpractice Lawyer in Bloomington, IN
Medical professionals are trusted with our health and well-being, but when they fail to meet the standard of care, the consequences can be devastating. If you or a loved one has suffered due to medical negligence, you have the right to seek justice. A skilled medical malpractice lawyer in Bloomington, Indiana, can help you navigate the complexities of medical malpractice law and help ensure you receive fair compensation.
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You may be eligible to recover damages if you were harmed by a medical professional. Allow us to assist you in pursuing justice and fair compensation.
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Table of Contents
What Is Considered Medical Malpractice in Bloomington?
Medical malpractice occurs when a healthcare provider fails to meet the standard of care expected in the medical community, resulting in harm to a patient. In Indiana, medical malpractice is defined under Indiana Code § 34-18-2-18, which states that any act or omission by a healthcare provider that deviates from the accepted standard of practice in the medical community and causes injury or death to a patient can be considered malpractice. This includes errors in diagnosis, treatment, aftercare, or health management. If you believe you or a loved one may be a victim of medical malpractice, reach out to The Ken Nunn Law Office to see how an attorney can help you pursue a medical malpractice claim.
Common Medical Malpractice Injuries
Victims of medical malpractice can suffer a wide range of injuries, some of which may have long-lasting or permanent effects. Common injuries include:
- Misdiagnosis or delayed diagnosis leading to progression of disease
- Surgical errors, such as wrong-site surgery or leaving instruments inside the patient
- Medication errors, including incorrect dosage or wrong medication
- Birth injuries, affecting both mother and child
- Anesthesia errors causing brain damage or death
- Infections acquired in hospitals due to poor sanitation
Many other types of injuries can result from medical negligence, so consult with an attorney if you suspect that you or a loved one has been harmed due to a medical error.
Recoverable Damages in Medical Malpractice Cases
In Bloomington, victims of medical malpractice can recover various types of damages. These damages are categorized into economic and non-economic damages, each addressing different aspects of the harm suffered.
Economic damages refer to the quantifiable monetary losses incurred due to medical malpractice. These may include:
- Loss of earning capacity: If the malpractice results in long-term or permanent disability affecting the victim's ability to earn a living.
- Medical expenses: Costs for past and future medical care, rehabilitation, and any necessary medical equipment.
- Lost wages: Compensation for income lost due to the inability to work.
Non-economic damages compensate for the more subjective, non-monetary aspects of harm suffered. These can include:
- Loss of enjoyment of life: Compensation for the reduced ability to enjoy life due to the injury.
- Pain and suffering: Compensation for physical pain and emotional distress caused by the injury.
Indiana has a cap on damages in medical malpractice cases which limits the amount recoverable for losses.
Speak to a Bloomington medical malpractice lawyer to see what damages you may be eligible to receive.
The Process of Filing a Medical Malpractice Claim in Indiana
Filing a medical malpractice claim in Indiana involves several steps:
The process begins with discussing your case with a qualified medical malpractice attorney who can evaluate the merits of your claim.
Before filing a lawsuit, a complaint must be submitted to the Indiana Department of Insurance for review by a medical review panel.
The panel, consisting of medical professionals, will review the evidence and provide an opinion on whether malpractice occurred.
Based on the panel’s opinion, you may proceed with filing a lawsuit in civil court.
How To Prove Malpractice
To prove medical malpractice in Indiana, you must establish the following elements:
- Duty: The healthcare provider owed a duty of care to the patient.
- Breach of Duty: The provider failed to meet the standard of care.
- Causation: The breach directly caused the patient’s injury.
- Damages: The patient suffered actual damages as a result.
Evidence such as medical records, expert testimony, and documentation of injuries will be crucial in proving these elements. An experienced medical malpractice attorney can help you collect and present the evidence necessary to strengthen your claim.
Get in Touch With a Bloomington Medical Malpractice Attorney
If you believe you or a loved one have been a victim of medical malpractice, it’s important to seek legal advice as soon as possible. A medical malpractice lawyer in Bloomington is ready to guide you through the complexities of the legal system and help you achieve the best possible outcome for your case. Contact us today for a free consultation to discuss your claim and begin the process of seeking compensation.