At Wagner Reese, we hold the medical profession in high regard. When a physician, nurse, or medical facility does not perform up to professional standards, legal accountability may become necessary. Since 1997, our Indianapolis medical malpractice lawyer team has been earning recognition throughout Indianapolis and the nation as a premier medical malpractice law firm.

If you or a family member were the victim of medical malpractice that resulted in injuries or death, please contact our Indiana medical malpractice attorneys to discuss your case. At Wagner Reese, we strive to ensure that our clients are informed about their rights and all of their legal options so they can make better decisions about their futures.

What Is Medical Malpractice?

Medical malpractice occurs when a doctor or hospital causes injury to a patient by failing to provide acceptable care. In general, if a healthcare provider deviates in care for a patient — either by failing to act or acting differently than others with similar training would have reasonably acted — the provider may be liable for any damages that result. In most cases, medical malpractice involves a medical error that was either a negligent act or failure to act. An Indianapolis medical malpractice lawyer can help determine whether a bad outcome rises to the level of negligence.

The truth is that, sometimes, bad outcomes can occur in medicine, which might not necessarily amount to malpractice. Medical malpractice occurs when there has been a breach of the standard of care. Proving this often requires testimony from a qualified medical professional.

So, how does medical malpractice happen? Common causes include:

  • Miscommunication
  • Lack of resources
  • Doctor or nurse fatigue
  • Out-of-date health records
  • Intentional actions

Failure to Provide an Acceptable Standard of Care

The premise behind all medical malpractice lawsuits is simple: negligence on the part of a healthcare provider. Medical professionals owe a duty to their patients to practice a degree of skill, care, and diligence possessed by any reasonably competent professional under the same circumstances. They breach their duty when they fail to live up to this standard.

Is a Misdiagnosis Considered Medical Malpractice?

A misdiagnosis can be deemed medical malpractice if it was a breach in the standard of care. Did the healthcare provider fail to comply with the applicable standard of care? Did that failure or misdiagnosis result in injury or death? If we can prove those two factors, then yes, a misdiagnosis constitutes medical malpractice in Indianapolis.

Common Types of Medical Malpractice Cases

Negligence can occur at every stage in the treatment process and may involve many types of healthcare providers, including doctors, surgeons, anesthesiologists, nurses, pharmacists, lab technicians, physical therapists, hospital workers, and dentists — among others. Our Indianapolis medical malpractice lawyer team handles claims against all types of healthcare professionals.

Examples of Medical Malpractice

Medical malpractice cases are some of the most complex types of injury claims. Hospitals and other medical facilities are very reluctant to admit wrongdoing and will often go to great lengths to protect their doctors and staff. These types of claims can also be difficult to pursue due to the challenge of proving medical negligence.

How to Prove Medical Malpractice in Indianapolis, Indiana

In general, four facts are needed to prove medical malpractice in Indianapolis:

  • Injury or death was suffered by the patient
  • A medical facility or a doctor caused the injury
  • A medical facility or a doctor provided the care
  • A medical facility or doctor breached their duty of care

If you can prove these four things, you may be able to collect damages in a medical malpractice case. Remember that there is a statute of limitations on these types of cases, so you must act quickly and contact an Indianapolis medical malpractice lawyer as soon as possible.

How Do I Know If I Have a Medical Malpractice Case?

We are often asked, “How do I know if I have a medical malpractice case?” Here is what we do. We provide a free consultation to you or your family. You explain what happened, and then we get the medical records, which are another part of the story.

After reviewing the records internally, we will assess the case and do medical literature research. We will then retain a board-certified, highly qualified consultant who focuses on the same area of medicine at issue to review the case and assess its merits.

After we hear from that consultant, we report back to you and sit down together. If we determine the claim has merit and you want to move forward, we will bring a claim to pursue justice.

How Much Is My Medical Malpractice Case Worth?

Indiana has a cap on damages, which means that if you were a victim of malpractice after July 1, 2017, the maximum amount of money we can pursue is $1.8 million. That is, whether you have had a serious injury or a tragedy, such as a death or loss of a family member.

Call our Indianapolis medical malpractice lawyer team for a free consultation, and we will tell you precisely what we think the value of your case is. Just know there is a cap on damages we can help you recover.

How Expensive Is It to Pursue a Medical Malpractice Case?

Pursuing a medical malpractice case in Indianapolis can be expensive, but don’t let the expense deter you from looking into your case and seeking justice on behalf of your family. While it can be costly to hire consultants to review a case or even testify on your behalf, at Wagner Reese, we front all the expenses on your case, including a free case review.

Secondly, our attorney fees are contingent, which means we are not paid anything unless we secure compensation on your behalf. The bottom line is, there is no cost to you. Don’t let the risk of expenses on your case deter you and your family from seeking justice.

How Long Do I Have to Sue a Doctor or Hospital in Indianapolis?

In Indiana, the statute of limitations for medical malpractice is two years from when the act occurred. However, exceptions may apply. For example, children under the age of six have until their eighth birthday. There could also be exceptions where someone has been continuing to treat with the same physician or healthcare provider. If the damage was not discovered until a much later date, exceptions may also apply.

Call the Indianapolis medical malpractice lawyer team at Wagner Reese to get advice in your specific situation. Our firm has been helping families like yours for over 20 years.

Contact Wagner Reese for Your Free Consultation

Clients often ask us whether pursuing medical malpractice litigation can help prevent the injuries they faced from happening to other people. One positive outcome of litigation is that it often makes providers reconsider their policies and procedures, and investigate and take a deeper look at what occurred when bad outcomes happen.

We believe that pursuing malpractice claims can help effect positive change.

To learn more about the process of filing a personal injury lawsuit in Indianapolis, how much your case may be worth, and which damages you may be able to recover, reach out to our Indianapolis medical malpractice lawyer team. With more than 150 years of combined legal knowledge, our attorneys are prepared to answer all of your questions and address any concerns you may have.

Medical Malpractice Case Referrals

Wagner Reese has been handling Indianapolis medical malpractice cases for over 20 years, and most of our cases come from referring attorneys like you. There are three reasons why attorneys refer us cases happily and have been doing so for the past two decades.

  • Number one, we have a track record of success in medical malpractice cases.
  • Number two, we will do an honest and complete assessment of your client’s case free of charge and report back to you on the strengths or weaknesses of the case.
  • Number three, we understand the value of a partnership and the promises that are made to share a co-counsel fee. Contact us today at 888-204-8440 to discuss your client’s case and see how our Indianapolis medical malpractice lawyer team can help.