Archive for the ‘ Medical Malpractice ’ Category

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10
Aug

Medical Malpractice Third Leading Cause of Death in U.S.

August 10, 2016

Did you know that in recent years, medical negligence was named the third leading cause of death in the United States, just behind heart disease and cancer? That’s a pretty shocking statistic considering millions of Americans every year put their trust in medical professionals. We expect those medical professionals to put our health and well being above everything else, and most of the time, they do. However, when a medical professional’s negligent act or behavior puts you or someone you love in harm’s way, the results can be devastating.

At Stewart & Stewart, we know that one lapse of concentration or careless act can be fatal, leaving the surviving families wondering what went wrong and what to do next, so they turn to us for help. We handle medical malpractice cases because we believe our medical professionals should be held to the hippocratic oath they took when first starting out. That standard was designed to keep patients safe within their care, and we believe they should uphold it no matter the circumstances.

If you or someone you love has been the victim of medical malpractice, give us a call for a free consultation. Our Indiana medical malpractice attorneys will fully investigate the events that led up to your injuries and hold the responsible parties accountable. You have options, and we can help. Contact us today.

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1
Jun

Medical Justice for Indiana Victims

June 01, 2016

Your loved one went into the hospital for a routine procedure. The doctor said it would only take a couple hours, but hours later, you are still sitting in the waiting room with no word. Finally, the doctor comes in to tell you there were complications with the surgery and as a result, your loved one will never be the same. You and your family are devastated. You suspect medical malpractice, but how can you be sure? You weren’t in the operating room. How can you prove negligence for something you didn’t witness?

At Stewart & Stewart, we’ve spoken to dozens of families over the years with these exact same questions. They feel angry and betrayed but aren’t sure what to do next. Thankfully, they called us. Our experienced medical malpractice lawyers have handled some of the largest medical malpractice cases in Indiana and have won large settlements for our clients. We know how the medical system works and how to prove medical malpractice took place.

If you or someone you love was the victim of medical malpractice, give us a call immediately for a free consultation. We’ll investigate the circumstances leading up to your injuries and do our best to get you maximum compensation for your claim. Don’t try to take on the medical establishment alone. Call us today.

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13
Jan

Do You Have a Medical Malpractice Case?

January 13, 2016

You hear the term medical malpractice quite often in the news. It’s a broad term that refers to negligence by medical professionals that leads to harm, injury, or death. However, medical negligence and medical malpractice are different, though related. For example, if your doctor prescribed you the wrong medication or dosage, that doctor might be guilty of medical negligence. But does that mean you would have a medical malpractice case?

Not exactly.

Remember, medical malpractice refers to negligence that resulted in injury. Although he prescribed the wrong drug, the effects might have been completely harmless or you may have caught the mistake and never taken the medication. You would only have a medical malpractice case if his negligent treatment resulted in harm, injury, or death.

Determining whether or not you have a medical malpractice claim can be complicated. An experienced medical malpractice attorney can investigate your case and make a determination based on the facts. At Stewart & Stewart, we have years of experience helping people in Indiana who have been injured by medical negligence, and we’d be happy to evaluate your case for free.

If we determine you have a case and you become a client, we’ll handle everything concerning your claim. Our team of investigators can fully investigate the circumstances that led to your injury and work to hold those responsible accountable. Contact our Indiana medical malpractice attorneys today.

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14
Oct

Lawmakers Consider Raising Indiana Medical Malpractice Caps

October 14, 2015

When patients in Indiana is harmed as the result of a medical professional’s error or negligence, the victim has a right to seek compensation by filing a medical malpractice lawsuit. But the Indiana medical malpractice lawyers at Stewart & Stewart Attorneys explain that damage caps may limit the amount in damages a victim can receive.

A medical malpractice cap is the maximum amount of money a defendant can pay in a medical malpractice case. The current limit on non-economic damages in the Hoosier State is $1.25 million. This limit was set 16 years ago, and many feel the law could now stand to be updated.

According to Indiana Public Media, legislative committees are currently examining the constitutionality of the current cap, as well as what changes are needed to the law. A bill proposed during a recent legislative session called for the cap to be increased by $400,000. However, opponents claimed raising the caps would increase doctors’ costs of doing business, and the proposal was shot down.

Those in favor of the increase claim the costs of medical care have inflated since 1999 when the cap was implemented. This means the $1.25 million a victim is allowed to receive may barely cover the costs associated with damages caused by a doctor.

At Stewart & Stewart Attorneys, we’ve seen the struggles many victims of medical malpractice face, and our team of Indianapolis personal injury lawyers is hopeful that our state’s medical malpractice caps are increased sooner, rather than later.

 

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26
Aug

Cameras May Help Reduce Medical Malpractice Claims

August 26, 2015

One of the most difficult aspects of medical malpractice claims is determining what happened during a procedure or treatment that led to an error. But with today’s technology, the ways that negligence is currently determined may be a thing of the past.

The Indiana medical malpractice attorneys at Stewart & Stewart Attorneys point to a team at the University of Toronto that developed a device known as the surgical black box. The device records actions and movements of a doctor performing surgery so any mistakes can be identified at a later time.

Taking that one step further, several states have, or are considering, laws that allow patients to request medical procedures be recorded with audio and video. New York is considering “Raina’s Law,” which would put a camera in every surgical setting. According to NBC 15 News, Wisconsin is also considering a law that would allow medical procedures to be recorded.

Those in favor of these measures claim the laws will allow hard evidence of medical mistakes to be collected in an unbiased format. Those against the rules said the recordings could potentially violate patients’ rights to privacy.

At Stewart & Stewart Attorneys, our Indiana personal injury attorneys are interested to see how the shift towards the use of cameras in medical settings develops over time.

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12
Aug

Indiana Medical Malpractice Lawyers Considering Lawsuit Against IU Health and Others

August 12, 2015

When undergoing medical treatment, we put our trust in the doctors and medical staff that provide our care. The Indiana medical malpractice lawyers at Stewart & Stewart Attorneys explain that, unfortunately, mistakes are sometimes made.

Such errors have led to one Indiana woman considering filing a lawsuit against Indiana University (IU) Health and it’s affiliates. An article from WTHR 13 News says the potential lawsuit stems from mistakes made during the delivery of the woman’s child that resulted in the baby suffering a serious birth injury.

On Jan. 25, 2013, the woman was admitted to an IU facility to induce labor. Hours later, the woman was sent home under the instruction of a certified nurse-midwife despite indicators that the child could be in distress.

Two days later, the woman was taken to the ER and delivered the child via emergency cesarean section. Medical staff struggled to clear the child’s airway, resulting in a lack of oxygen to the brain that caused a seizure disorder.

Experts say the problems in the delivery room could have been avoided if the woman had not been sent home. Furthermore, records indicate that dozens of others may have experienced similar negligence.

These findings have prompted the Indianapolis personal injury lawyers at Stewart & Stewart Attorneys to examine other complaints against the IU Health system.

We believe in everyone’s right to proper care, and our medical malpractice lawyers are hopeful these cases result in fewer errors in patient care.

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29
Jul

Common Causes of Indiana Medical Malpractice Claims

July 29, 2015

Medical professionals in the United States are required to provide patients with safe and thorough treatment. Negligence that causes injury can result in medical malpractice claims. But what constitutes such a claim, and what should you do if you’re the victim of medical malpractice?

The Indiana medical malpractice lawyers at Stewart & Stewart Attorneys say that anytime a doctor or medical professional’s error or negligence injures a patient, the victim may be entitled to compensation for medical malpractice.

According to the National Institutes of Health, communication errors are one of the leading causes of medical malpractice claims today. Other common mistakes physicians and their staff makes include:

  • Misdiagnosis
  • Medication errors
  • Surgical mistakes
  • Negligent care

If you believe you’re the victim of Indiana medical malpractice, consider speaking with a qualified legal representative as soon as possible. There are statutes of limitations that limit the amount of time you have to file medical malpractice claims.

Once you’ve hired an attorney, it’s time to begin building your case. This means gathering as much documentation on your injury as you can. If there were any witnesses, you should be sure to write down their names and contact information.

It’s also crucial to be patient. The Indiana personal injury attorneys at Stewart & Stewart explain that filing a medical malpractice claim can be a long, arduous task.

We hope this information helps you to get back on your feet if you’ve been harmed as the result of Indiana medical malpractice.

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20
May

More Indiana Medical Malpractice Claims Filed Against Cardiologist

May 20, 2015

In Indiana, medical professionals have a legal and ethical responsibility to properly diagnose and treat a patient’s condition. The Indianapolis medical malpractice lawyers at Stewart & Stewart Attorneys point out that, despite this obligation, some physicians perform unnecessary medical procedures on patients.

One doctor being accused of such a practice is an Indiana cardiologist named Dr. Arvind Ghandi. More than 200 patients have accused Dr. Ghandi of performing unnecessary surgeries on their bodies. The latest of those claims was filed by the family of a man who underwent a medical procedure to implant a pacemaker that they may not have needed.

According to ABC 6 News, the Hamilton County family is accusing the doctor of performing unnecessary surgery on their loved one—and they claim the doctor was not qualified to be performing the surgery in the first place.

This isn’t the first time the doctor has faced such accusations either. Last year, dozens of similar Indiana medical malpractice lawsuits were filed against him.

The doctor has maintained his innocence throughout the ordeal, claiming the lawsuits wrongfully portray his abilities as a doctor.

At Stewart & Stewart Attorneys, our Indianapolis personal injury lawyers are hopeful a decision in the case will bring a sense of closure to each of the victims who may have been harmed by this doctor’s actions.

 

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22
Apr

Researchers Examine Public Opinion on Preventable Medical Errors

April 22, 2015

When we visit our doctor or a hospital, we trust that the medical staff will protect our health and safety. The Indianapolis medical malpractice lawyers at Stewart & Stewart Attorneys point out that, unfortunately, thousands of Americans are seriously harmed as the result of preventable medical errors each year.

One study recently conducted at Harvard University examines how often preventable medical errors occur, as well as the public’s opinion on the risk factors while receiving medical treatment. Reports indicate the research was funded by the Betsy Lehman Center for Patient Safety and Medical Error Reduction.

According to The National Law Review, researchers surveyed 1,224 adults about the medical care they received. Just under one-quarter of those who were surveyed stated they or a loved one were the victim of a preventable medical error in the past in the past. Approximately half of those respondents stated their health had been seriously harmed as a result of the error.

Roughly 90 percent of respondents felt doctors’ offices and hospitals should be required to report errors, yet more than half of medical error victims failed to report the incident. A majority cited the belief that reporting the matter would do no good to resolve the problem.

At Stewart & Stewart Attorneys, we believe in the importance of holding medical professionals accountable for their negligence, which is why our Indianapolis personal injury lawyers encourage victims of medical errors to report instances of potential medical malpractice. An experienced medical malpractice attorney can help ensure your rights are protected at all times. Find out more about how a lawyer can help by calling our staff at (800) 33-33-LAW.

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18
Mar

DNA Testing Reducing Number Indiana Medical Malpractice Cases

March 18, 2015

One of the most common medical errors that leads to a Indiana medical malpractice claim being filed is misdiagnosis by a doctor. Data from the National Center for Policy Analysis states as many as 20 percent of patients receive misdiagnoses when they are examined by doctors, and of those cases, roughly one-third result in patients being seriously injured or killed.

But now, technology is helping to prevent these errors. Researchers have identified a new testing method that uses a patient’s DNA to help ensure the patient’s condition is properly identified.

According to The Indianapolis Star, a local company—Strand Analytical Laboratories— is working to reduce medical errors by collecting DNA samples from patients undergoing biopsies to identify potential cases of prostate and breast cancer. Those samples are analyzed and used to match biopsies with patients by identifying certain markers in the DNA samples.

While errors can not be completely prevented by the test, the company and some doctors believe the test is effective in helping to reduce the number of misdiagnoses caused by mix ups of lab test results.

At Stewart & Stewart Attorneys, we recognize the physical and financial costs a preventable medical mistake can result in, and our Indianapolis personal injury lawyers are hopeful to see more hospitals and physicians adopting policies that require tests like the ones Strand is currently conducting.