Every day medical professionals such as doctors, nurses, and technicians perform essential services that keep people healthy and save lives. Due to their in-depth knowledge and skills, the advice they give and procedures they perform require patients to lend their medical providers a great deal of trust.
Furthermore, because medical mistakes can have terminal consequences, healthcare professionals are held to high standards. Medical malpractice occurs when a doctor, nurse, technician, or other medical professional is negligent to the degree that it causes injury or death to their patient.
If a medical professional’s error leads you to suffer injury or the loss of a loved one, a compassionate personal injury attorney could help you seek compensation. A Fort Wayne medical malpractice lawyer could help you hold a negligent medical professional accountable.
Examples of Medical Negligence
Malpractice cases can come in many forms. In some cases, the misdiagnosis of a doctor leads to a preventable injury. In other cases, a medical mistake or botched surgery causes a patient harm.
Other common instances of medical errors include:
- Unnecessary or wrong-site surgery
- Failure to diagnose
- Birth injuries
- Improper medication or dose
These cases are highly technical, often requiring testimony from experts to prove how a healthcare professional’s actions led to the patient suffering harm. A well-practiced medical negligence lawyer could help find a reliable expert witness in Fort Wayne to strengthen a plaintiff’s case.
Recoverable Damages for Injured Patients
The injuries that result from negligent medical care can be grave. Knowledge of these potential injuries has led Indiana to require hospitals, clinics, and private doctors to carry medical malpractice insurance. Unfortunately, it has also lead to limitations on recovery amounts.
The law recognizes and compensates for injuries that result in quantifiable damages and those that are actual but harder to value financially. In plain terms, medical costs (present and future), lost wages, loss of future income, physical pain, suffering, and emotional distress are all recoverable damages.
However, damages related to injuries such as emotional distress, which are hard to calculate, can also be compensated. While the ceilings for recovery are relatively high, there are still hard caps. An experienced attorney in the area could provide further clarity regarding an individual’s medical malpractice claim.
Statute of Limitations in Fort Wayne
Under Indiana Code §34-18-7-1, an injured party has only two years from the date of the injury to successfully file a medical malpractice claim. However, there is a small caveat based on the patient’s knowledge or expected knowledge of the injury.
Speaking with a Fort Wayne attorney regarding this limitation may be beneficial prior to filing a medical error claim. In the majority of cases, an injured party loses the right to file their claim before this limitation expires.
Consult With a Fort Wayne Medical Malpractice Attorney
Improper medical care can have long-term effects on an injured patient both physically and emotionally. You may require additional medical treatment to counteract the mistake of the negligent medical professional which can be highly frustrating and mentally taxing.
However, a Fort Wayne medical malpractice lawyer could alleviate part of the burden by fighting on your behalf for full compensation. Schedule a consult with one of our attorneys by calling our office today.