Archive for the ‘ Medical Malpractice ’ Category


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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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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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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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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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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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.


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Med Mal Lawsuit Questions Medical Treatment for Indiana Prisoners

January 14, 2015

Doctors are required to protect the health and safety of the patients they treat. But how does this requirement apply to prisoners? This issue is currently at the heart of an Indiana medical malpractice lawsuit.

Reports indicate that a prisoner at the Rockville Correctional Facility informed doctors at the prison that she had undergone an operation to change her gender from male to female. The procedure required hormone replacement therapy and the use of a vaginal stent to prevent complications. However, prison medical staff determined the hormones and the stent were not necessary. The latter was even determined to be a security issue.

An article from USA Today explains the prisoner developed complications and filed an Indiana medical malpractice lawsuit against the prison and it’s staff. She claims the negligent care she received resulted in the need to undergo a corrective surgery that could cost as much as $120,000. The courts initially dismissed the case, but the decision was overturned on appeal and is currently in litigation.

At Stewart & Stewart Attorneys, we are aware of the importance of holding doctors, hospitals, and medical staff to ethical standards. That’s why our Indiana personal injury lawyers are hopeful a decision in this case will establish a case precedent for medical care for incarcerated people.

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Medical Malpractice Lawsuits Filed Against Three Indiana Cardiologists

November 19, 2014

Doctors in Indiana are legally and ethically required to protect their patients’ health and safety. Unfortunately, not all medical professionals adhere to these standards, which can result in Indiana medical malpractice claims.

In fact, three Indiana doctors are currently facing allegations from dozens of patients who claim they underwent unnecessary medical procedures. According to an article from Chicagoland Television, the procedures were performed so the doctors could bilk Medicare billing.

Reports indicate the doctors were the top three Medicare-billing cardiologists in Indiana in 2012. The average doctor billed approximately $170 and three services per patient, whereas these cardiologists were billing $960 and a dozen services per patient.

The only reason the issues came to light is because several of the patients received second opinions. Those doctors told them the medical procedures they had undergone were unnecessary. Now, more than 18 victims are seeking compensation for damages. This includes the families of three patients who died as a result of undergoing medical procedures while under the care of the doctors.

At Stewart & Stewart Attorneys, we understand the devastating results of unnecessary medical treatment. That’s why our team of Indianapolis personal injury lawyers hopes a decision in this case will bring a sense of closure for victims and their families.

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New Report Examines the Number of Medical Errors in Indiana

October 15, 2014

Medical professionals in Indiana are legally and ethically required to protect the health and safety of their patients. But every year, mistakes are made at medical facilities across the state that often lead to Indiana medical malpractice claims.

Indiana Medical Errors By The Numbers

Records from the Indiana State Department of Health show that last year alone, there were a total of 111 mistakes that were made in the medical care of patients in Indiana. This was an all-time high for the number of medical errors being reported from 293 medical facilities.

These numbers leave many wondering what some of the most regularly reported mistakes are.

Most Common Indiana Medical Errors

According to an article from the Indianapolis Star, bedsores were the most commonly reported ailment, with 45 reports being received in 2013. On 27 occasions, surgeons were responsible for leaving “foreign objects”—such as sponges, clamps, and other tools—in the bodies of patients following medical procedures. Surgeons also conducted procedures on the wrong body part of 13 patients, while another 12 patients were injured as the result of a serious fall.

Methodist Hospital in Gary was amongst the most dangerous facilities in the state, with 10 errors reported in the past year.

Getting Help

If you’ve been harmed as the result of a medical professional’s mistake, know that help is available. At Stewart & Stewart Attorneys, we have an understanding of the law as it pertains to medical errors. This allows our Indianapolis personal injury attorneys to answer any questions you may have regarding your legal rights and how they pertain to your injury or condition. Call us today at (800) 33-33-LAW to speak with a member of our legal team.

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How to File an Indiana Medical Malpractice Claim

September 10, 2014

Medical professionals have a legal and ethical responsibility to protect the health and safety of the patients they care for, and failure to do so can result in medical malpractice lawsuits. But the process to file a medical malpractice claim can be quite complex, which is why the Indianapolis medical malpractice lawyers with Stewart & Stewart Attorneys would like to provide some helpful information.

First, it’s important to remember a medical malpractice claim must be filed within a certain amount of time. The time limit, or statute of limitations, to file most claims is within two years of the date the injury occurred. Children under the age of six who are harmed while under a doctor’s care generally have until their eighth birthday to file a claim. These time limits can vary depending on the facts of your case, so it’s important to speak with an attorney about your case as soon as possible.

To file a complaint, you must submit a form to the Indiana Department of Insurance with all applicable evidence and payment of fees. It costs $5 to file on behalf of one person and $2 for each additional claimant.

The commissioner of the Department of Insurance then serves the defendants with lawsuits before a medical review panel is selected. The panel then hears the case and a decision is reached.

Successful med mal cases often require expert witness testimony, detailed medical evidence, and more. At Stewart & Stewart Attorneys, our Indianapolis personal injury lawyers are here to help build a strong case on your behalf. To learn more about what we can do to assist you with your case, call us at (800) 33-33-LAW.

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