Archive for the ‘ Medical Malpractice ’ Category

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16
Jul

Important Facts About Indiana Medical Malpractice Lawsuits

When a medical professional’s negligence injures or kills patients, victims and their families may be able to file Indiana medical malpractice lawsuits against the parties responsible. But there are some important facts to know if you’re considering a medical malpractice lawsuit.

One of the most important things to remember is that there is a statute of limitations on filing medical malpractice claims in Indiana. According to the Indiana State Medical Association, a medical malpractice claim must be filed within two years of the date of a patient’s injury or death. Children who are victims of medical malpractice before their 6th birthday must have claims filed prior to their 8th birthday.

Its also vital for victims of medical malpractice to remember that Indiana has limits in place on how much money can be awarded to victims of medical errors. Doctors and their medical staffs can be held liable for up to $750,000, while hospitals and other medical facilities can face damages of as much as $7.5 million—depending on how many patients they serve.

At Stewart & Stewart Attorneys, our Indianapolis personal injury lawyers are aware of how difficult it can be to overcome harm done by medical negligence, and we are here to help if you’ve been the victim of a doctor’s error. Call us at (800) 33-33- LAW to discuss your rights with our legal staff today.

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11
Jun

3 Steps To Take If You Are The Victim of Indiana Medical Malpractice

Doctors and medical staff have a responsibility to protect their patients’ safety and health at all times. Errors or negligence that results in a patient being harmed may be grounds for the victim to seek compensation through civil litigation.

A former United States Marine is seeking such damages through an Indiana medical malpractice lawsuit that stems from allegedly negligent care he received as a patient at an Indianapolis Department of Veterans’ Affairs (VA) medical facility.

A story released by Indiana Public Media explains the Marine filed the lawsuit after a doctor at the facility pushed a medical tool into his urethra with only minimal local anesthetic. The procedure resulted in the patient suffering from pain, bleeding, and complications that resulted in the need for further surgery.

After having been told the doctor who originally botched the patient’s care would not be performing his surgery, the opposite occurred. Instead of being healed, the patient was harmed by the doctor again after his prostate was punctured during the surgery.

So what should you do if you have been harmed while receiving medical care? At Stewart & Stewart Attorneys, our team of Indianapolis personal injury lawyers suggest taking the following steps if you suspect you are the victim of medical malpractice:

  • Report The Incident- Any problems you receive in your medical care should be reported to hospital or doctor’s office management immediately so the complaint can be documented.
  • Collect Evidence- Gather any documents, receipts, records, or notes that pertain to the supposed negligent care you have received.
  • Speak With An Attorney- having a qualified legal professional by your side to answer your questions and hold the responsible parties accountable for their actions can be the difference in you being compensated for your losses or not.
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23
Oct

Indiana Medical Malpractice Lawyers Discuss Common Medical Errors

October 23, 2013

Each year, numerous medical errors are reported in Indiana. In fact, the Indiana Medical Malpractice Lawyers with Stewart & Stewart Attorneys point to data that shows more than 100 such errors were reported last year alone.

According to the Indiana Medical Error Reporting System’s annual final report, almost 90 percent of the medical mistakes occurred in hospitals, while the others occurred in facilities such as nursing homes. For the sixth time in seven years, allowing the development of stage 3 and 4 pressure ulcers was the most common mistake made by medical staff. These injuries accounted for 30 percent of the reported incidents.

The second most common error to be made was leaving objects inside patients’ bodies following procedures, accounting for 19 of the reported mistakes.

Another 15 incidents of wrong-site surgeries were reported, along with 14 cases of preventable falls.

Five cases of the wrong surgery being performed were reported, along with seven incidents of patients being harmed as the result of being given the wrong medications.

Experts contend that better communication amongst medical staff and caregivers is the best way to prevent such errors from occurring.

The Indiana Personal Injury Lawyers with Stewart & Stewart Attorneys are aware of how serious injuries resulting from such medical errors can be. That is why the firm points to the importance of discussing your legal rights with an attorney if you have been harmed while under the care of a medical professional.

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8
May

Could Cameras in Operating Rooms Reduce Medical Malpractice Claims?

May 8, 2013

Video recordings are a great way to document actions for later review if any kind of question or concern was to arise. This leaves many wondering why cameras are not utilized during surgeries in order to prevent Medical Malpractice Claims.

A new study released in the most recent issued of the Journal of the American Medical Association has shown that utilizing cameras during procedures can be beneficial for several reasons. Data indicates that doctors tend to examine patients closer and take more time when the record button is on. In fact, gastroenterologists spent 49 percent more time looking at patients’ colons when procedures were recorded.

Another reason to utilize cameras during surgical procedures, according to an article from Bloomberg BusinessWeek, is that doctors are capable of reviewing video to help in diagnosis or to examine their techniques to help make improvements for future procedures.

Experts also tend to believe that documenting procedures can become vital evidence if a case of medical malpractice is brought against a doctor.

While those opposed to cameras in the operating room claim that they infringe patients’ rights to privacy, many tend to believe the benefits outweigh the harm making such a recording could cause.

The Indianapolis Personal Injury Lawyers with Stewart & Stewart Attorneys applaud any efforts that are made to reduce medical mistakes and better protect the safety of patients.

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13
Feb

Indiana State Department of Health Issues Annual Report on Medical Errors

Feb. 13, 2013

A recent report from the Indiana State Department of Health (ISDH) concluded that surgeries on the wrong body parts were one of the most common medical errors in the state during 2011.

Data showed a total of 100 medical errors reported in 2011 from 291 medical facilities across Indiana. Those incidents were broken down into 94 errors that occurred in hospitals, while the remaining six adverse events occurred at ambulatory surgery centers. While serious bedsores were the most common ailment reported, surgery on the wrong body part was a close second, followed by retention of a foreign object in the body after surgery.

A total of twelve patients died as the result of the 28 serious reportable events that occurred over the yearlong period. Experts were quick to point out that such adverse events are rarely caused by the actions of a single individual, but are often the result of failed systems and processes that doctors and medical staff follow.

The Indianapolis Personal Injury Lawyers with the law firm of Stewart & Stewart Injury Lawyers say that a doctor and his staff has a responsibility to protect a patient from harm caused by negligence and failure to do so could result in a patient filing an Indiana Medical Malpractice claim.

The firm urges anyone who has been harmed while under the care of a physician to discuss your legal rights with an attorney immediately.

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21
Nov

Indiana Supreme Court Sets Precedent with Medical Malpractice Decision

A recent ruling from the Indiana Supreme Court found that representatives for the Indiana Patient’s Compensation Fund (IPCF) do not have a right to argue the cause or existence of an injury in a case where liability has already been established.

The decision stems from the case of a 4-year-old boy from Indianapolis who suffers from cerebral palsy following a botched delivery. The Claims Journal reported that doctors were negligent in failing to properly monitor the child’s condition as the labor process began. They also failed to recognize signs that the child was in distress, which prevented him from receiving the care he needed for more than two hours.

The Indianapolis Medical Malpractice lawsuit that followed the incident resulted in a settlement holding doctors responsible for his condition. The IPCF appealed the decision on the grounds that they have a right to argue the cause of injury. The court acknowledged this as true, but only in cases where fault had not yet been established. In this case, doctors had already admitted fault when agreeing to the settlement.

The Indianapolis Personal Injury Lawyers with Stewart & Stewart Attorneys understand how confusing and complex filing a medical malpractice claim can be. That is why the firm is here to answer any questions you may have regarding your legal rights if you have been harmed while under the care of a physician.

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11
Jul

Family Files Lawsuit After Indiana Woman Dies From Toxic Shock Syndrome

July 11, 2012

The family of a 20-year-old Indiana woman who died from a disease caused by the use of an everyday hygienic product has filed an Indiana Medical Malpractice lawsuit against the manufacturer and the hospital and doctors who cared for her. The suit claims it was a “breach of duty” and “negligence” that caused her death. An article from WISHTV 8 News says that the cause of the woman’s death was Toxic Shock Syndrome.

Just over a year ago, the girl was admitted to the hospital for what seemed to be flu like symptoms, such as fever, nausea, and diarrhea. Her condition continued to worsen as her blood pressure dropped and her pulse skyrocketed. She died before doctors could conclude what was wrong with her.

Later testing confirmed that the young woman had died from Toxic Shock Syndrome caused by the use of tampons. Experts say that certain fibers used to manufacture the products can break off inside a woman’s body and be absorbed into their bloodstream, causing sickness and death.

In the 1980’s, 38 women died as a result of the condition and very little has been done to curb the problem since. Experts believe that the number of cases reported today is about the same as 30 years ago.

The Indianapolis Personal Injury Lawyers with Stewart and Stewart Injury Lawyers would like to offer their condolences to the family of the young woman that died.

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1
Feb

State Lawmakers Adjust Requirements To Abortion Pill Dosages

February 1, 2012

The Indiana Senate is examining laws regarding a dangerous abortion drug for a possible update. According to WTHR 13 News, a bill will go before the Senate today that would remove a requirement that forces doctors to give women seeking the abortion pill, RU-486, a higher-than-required dose of the drug. Proponents of the requirement say that women suffer from a greater risk of serious, and potentially deadly, side effects when such a large dose of the medication is prescribed.

Yesterday, lawmakers removed a section of the current law from the books that required doctor’s to give patients seeking the abortion pill a dosage three times higher than needed. Lawmakers agreed that the rules were outdated, and thus created a new bill, which requires a doctor to visit with the patient prior to prescribing the medication and schedule a follow-up ultrasound two weeks later to ensure all is well.

The large doses can lead to heavy bleeding and sometimes, deadly infections.

Other less serious side effects could include:

  • Diarrhea
  • Vomiting
  • Nausea
  • Headache
  • Dizziness
  • Back Pain
  • Tiredness

Patients are warned to contact your doctor immediately if you suffer any of the following symptoms:

  • Heavy Bleeding
  • Abdominal Pain or Sick Feelings more than 24 hours after taking the medication
  • Fever

The Indiana drug injury lawyers with Stewart and Stewart Injury Lawyers are available to speak with you anytime if you have been seriously injured by a medication that was prescribed to you by a doctor.

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14
Dec

Massive Drug Shortages Plague Indiana Hospitals

December 14, 2011

As officials and lawmakers with the federal government work to create legislature that could help end drug shortages in hospitals across the country, facilities in Indiana are struggling to meet patient and monetary demands the shortages are creating. In an investigative article by WISHTV 8 News, it was said that Hoosier hospitals may be completely out of some drugs, like the pain-killer morphine in 5 mg dosages, and severely limited with other drugs like cancer treatments and vitamin infusions for patients fed intravenously.

Columbus Regional Hospital Pharmacy Team Leader Matt Hote says he is having a hard time getting a drug called epinephrine. It can be life-saving for a person whose heart has stopped–one dose can be enough to get the heart pumping again. Hote stated though that if the drug is not a contracted order, it can cost him anywhere from 10 to 20 times higher than the retail price.

So what is being done to fix the problem? The FDA is creating rules that will require drug manufacturers to give a six-month warning before stopping production of a drug. Congress is also working to make price gouging on drugs illegal.

The Indiana Medical Malpractice Lawyers with Stewart and Stewart know the dangers that these drug shortages can put a patient in. If you have been injured or lost someone you love because a hospital did not have the drugs needed, contact us today for a free initial consultation of your case.

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30
Apr

Family wins South Bend medical malpractice suit

April 29, 2010

Have you ever felt uncomfortable with the answer given to you by a doctor? Would you go get a second opinion if you felt you were right? Although doctors are expected to be the expert on medical subjects, they are not infallible.

The South Bend Tribune reports that a South Bend family recently won a medical malpractice lawsuit against the South Bend Medical Foundation. The court found that the practice was negligent in failing to diagnose abnormal precancerous cells that were visible on a patient’s lab results. The patient died of cervical cancer in 2000.

The medical review board found that the physician was negligent in failing to interpret results correctly. The victim’s family was awarded a settlement in the South Bend medical malpractice case.

If you suspect that you have been a victim of South Bend medical malpractice, the Indiana medical malpractice lawyers at Stewart & Stewart can help you.

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