South Bend Medical Malpractice Lawyers
Help for Victims of Medical Negligence
Medical malpractice and its impact on the U.S. healthcare system causes
much debate. Most of the people advocating reform have a financial interest
in the outcome - specifically doctors, their insurance carriers, and the
lobbyists that they pay to influence elected officials. The reality nationwide is that
nearly 300 people die each day as a result of medical errors. This is almost double the number of deaths caused by traffic accidents.
Some of those deaths are occurring in Indiana in cities such as South Bend,
Mishawaka, Elkhart, LaPorte, Plymouth, and Syracuse. Even medical negligence
and errors that do not result in death can cause serious, sometimes lifelong
injuries, such as:
- Birth trauma
- Brain injury
Mental injuries such as emotional trauma, anguish, embarrassment, and loss
of enjoyment of life
Medical Malpractice Cases in Indiana
The reality for Hoosiers is that draconian reforms have already been in
place here for a long time. Strict caps severely limit what can be recovered
in a medical malpractice case. No matter how badly you are hurt and no
matter how much your medical bills will be over your lifetime because
of a medical mistake, you cannot recover more than a set amount for medical
malpractice in the state of Indiana.
But the "reforms" do not end there. Every medical malpractice
case must be reviewed by a panel of doctors before it can be heard in
a court of law. This three-doctor panel will make a decision as to whether
malpractice occurred. If the panel rules against your case, then this
opinion can be used as evidence against you when the case goes to trial.
Needless to say, medical malpractice cases in Indiana are extremely complicated.
Strong & Compassionate Advocacy for Your Case
Have you been hurt by an incompetent or negligent healthcare provider?
Contact a South Bend personal injury lawyer from Sweeney Julian. Medical
malpractice claims are one of the most difficult areas of litigation,
so you need a competent and experienced lawyer on your side who can demonstrate
that your injury was the result of medical negligence. To succeed, you
often need a network of attorneys and medical experts working on your
behalf to win.
The negligent healthcare provider may not be the doctor, nurse, or a member
of the staff. It is possible that the individual is a lab or X-ray technician
with certain qualifications for operating advanced medical equipment or
interpreting results of tests. A facility or company may also be liable
for malpractice. Many times, a hospital, an ambulance company, a pharmacy,
or a nursing home will be subject to a malpractice claim.
The injured person can establish a case of medical malpractice if there
is legally sufficient proof on initial examination that the medical provider
failed to exercise reasonable care in performing services, that this failure
increased the risk of harm or injury to the patient, and that such harm
did in fact occur. Some
examples of medical malpractice or negligence are:
- Misdiagnosis, failure to diagnose, or delayed diagnosis
- Diagnostic errors in serious conditions such as heart attacks, breast cancer,
lung cancer, colorectal cancer and appendicitis
- Surgical errors
- Anesthetic errors
- Medication errors such as adverse reactions to drugs or procedures and
- Providing the wrong treatment
- Dangerous delivery procedures for newborns
- Failure to protect a patient from a fall or other injury on hospital property
Call for your free case consultation today!
If you or a loved one has fallen victim to medical malpractice, you have
the right to seek compensation. By pursuing legal action, you may be able
to recover compensation for your injuries, as well as other related costs,
such as medical expenses, loss of wages, and pain and suffering. If you
have suffered physical or emotional harm because of someone else's
unreasonable negligence, you are entitled to file a claim against the
party at fault.
Call the medical malpractice lawyers at Sweeney Julian today.