Have you ever had a doctor misdiagnose you or fail to diagnose your medical condition? Maybe they administered the wrong medication to you or performed an unnecessary surgical incision in your body? If so, you experienced what is known as “medical malpractice.”
Medical malpractice cases are challenging. Most cases are fact-specific and require highly specialized experts who are well-versed in healthcare and the law. These are also some of the most expensive cases to bring to court and the hardest to prove because jurors trust doctors.
Furthermore, not all medical errors are considered medical malpractice, which is why you must seek the counsel of a skilled medical malpractice attorney. Families place their trust and confidence in these doctors; for that reason, they should be held accountable.
If you believe you or someone you love was the victim of medical malpractice, call our Elkhart law Firm, Wilson & Kinsman. Our competent attorneys can assist you in assessing if negligence has occurred and what your legal options are.
Our legal team will review your situation in a free, no-obligation case evaluation. If you have a claim for compensation, we will work tirelessly to hold the responsible party accountable and secure full restitution.
The longer you wait, the more you’ll lose and the longer you’ll suffer. Schedule a free consultation with our experienced Elkhart medical malpractice attorney today!
Why Do I Need a Medical Malpractice Attorney in Indiana?
Most people do not know the value of an attorney. However, once exposed to the world of the legal process, you instantly realize the importance of having one.
Here are a few reasons why employing a medical malpractice attorney is beneficial to your case, especially if you have recently suffered at the hands of a negligent health practitioner:
To expedite the procedure
Your time is precious. Rather than lingering on previous traumatic experiences, moving on is the best way to go.
Wilson & Kinsman, LLC will work tirelessly to accelerate the legal process and achieve an early settlement.
To properly value your claim
Medical malpractice attorneys can effectively estimate the value of your claim. If your case is complicated, Wilson & Kinsman, LLC has access to specialists who can assist in evaluating the value of your claim.
These specialists include, but are not limited to, physicians, nurses, financial advisors, and investigators. They can uncover every data surrounding your case to compute a reasonable compensation sum you can pursue in a settlement or a court action.
To handle all the paperwork
After enduring the hardship of your injury, paperwork is the last thing on your mind. Medical malpractice lawsuits are rife with paperwork and legal terminologies that the average person cannot understand.
Wilson & Kinsman, LLC will handle all the documents you will need for the lawsuit, keeping in mind the optimum timing to submit files and the correct approach to responding to an interaction from other parties involved.
To get the best settlement possible
A skilled medical malpractice attorney can maximize your odds of winning the case and securing fair compensation for the damages done by the opposing party.
Wilson & Kinsman, LLC can give you a deeper understanding of your claim’s merits and legal rights. We can expertly negotiate and construct a case to fight for your rights to monetary recompense and maybe more.
To give you peace of mind.
You are not merely another Wilson & Kinsman, LLC client. We give an unbiased assessment of your circumstances. Our partnership is founded on trust and confidence. We safeguard your rights and interests against negligent medical providers’ exploitation, abuse, and lies.
What is Medical Malpractice?
Medical malpractice is a type of personal injury case defined as any act or omission by a physician during the care of a patient that deviates from established medical practice standards and causes harm to the patient. Medical malpractice is a branch of tort law that addresses professional negligence.
This occurs when a doctor or other health care professional offers suboptimal treatment to a patient—that is, the health professional fails to provide the adequate type and extent of care that a sensible, comparably qualified, and trained provider must provide under similar circumstances. However, not all negative-outcome treatments are treated as malpractice.
According to a recent Johns Hopkins research, more than 250,000 Americans die each year due to medical errors, making it the third most common cause of death behind heart disease and cancer.
Despite its high prevalence, the National Center for State Courts reported in 2016 that medical malpractice accounts for fewer than 5% of all personal injury lawsuits in the United States. Such cases rarely reach trial.
A skilled malpractice attorney with extensive knowledge of all Indiana laws surrounding these incidents will be able to help you recover full compensation for your losses. They can advise you on your legal decisions, such as accepting a settlement offer, taking your case to court, or negotiating a settlement that covers all of your fees and damages.
Indiana State Laws on Medical Malpractice
Medical malpractice cases in Indiana are primarily pursued under the state’s Medical Malpractice Act. Filing a medical malpractice lawsuit takes courage. It is critical to understand the facts that come with this enormous responsibility.
Elements for a successful claim
Malpractice claims are adjudicated in state courts according to state laws based on the following factors:
The patient has suffered an adverse event;
The provider has caused the event due to action or inaction; and
The provider has been proven negligent, essentially showing that the provider took less care.
Top Claims for Medical Malpractice Cases
Medical malpractice claims occur when a doctor, nurse, or other medical practitioner causes injury to a patient by giving subpar health services. In most cases, receiving quality healthcare and medical services is a matter of life and death.
The following are the specific forms of errors that result in the most medical malpractice lawsuits:
Misdiagnosis or delayed diagnosis
Injuries during labor
Retained foreign items
Emergency room errors
Lack of informed consent
Legal Sanctions Applicable
The Medical Malpractice Act of Indiana limits the total damages a victim can seek and holds doctors accountable for $250,000 in damages for any one instance and up to $750,000 in any given year. The measure also creates the Indiana Patient Compensation Fund (PCF), which will reimburse expenditures in excess of $250,000.
Statute of Limitations
All states have established deadlines for medical liability and malpractice claims for when a patient may make a legal claim, known as statutes of limitation. The following is based on the Key Features of Indiana’s Medical Malpractice Act as outlined by the Indiana State Medical Association:
Patients must submit malpractice claims within two (2) years of the claimed act of negligence.
Minors under six (6) have until their eighth birthday to file.
In exceedingly rare situations, courts may enable patients to file claims after the time constraints have expired only when the patient could not have logically determined the malpractice in that window.
Call our Elkhart Medical Malpractice Attorney Now!
As healthcare service providers, medical professionals are obligated to ensure clinical standards and care to patients. When this is neglected, seek legal counsel from a devoted and well-trained medical malpractice attorney.
An Elkhart medical malpractice attorney at Wilson & Kinsman LLC can help you file a claim for malpractice, saving you the stress of going through the legal process alone.
We work on a contingency fee basis, so you don’t have to pay upfront. If you hire our dedicated team, we don’t charge attorney fees until we recover compensation for you. Call Wilson & Kinsman LLC now for a free consultation.
Tom is very kind and personable. He is a great attorney to work for and work with. He is a man of the utmost integrity and is forthright in his practice. I would confidently recommend his legal services to any person I cared about.
Honest and professional
I was charged with an OWI in Elkhart County and Eric was my first call. He was very helpful and personable throughout the entire process. I certainly appreciated his honesty and professionalism. Eric is definitely well experienced in handling these matters. Thanks to his help and guidance, we were able to have all of our necessary steps done before going to court that helped to retain driving privileges. The judge even remarked at how well the case had been managed during the hearing. With Eric’s help, I was able to obtain specialized driving privileges very promptly. I am still able to tend to my life’s responsibilities and my work. I would highly recommend Eric to anyone else needing help with OWI/DUI charges.
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