Archive for the ‘ Medical Malpractice ’ Category

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7
Dec

A Reasonable Standard of Care

December 07, 2016

If you’re like most Americans, you can’t rebuild a carburetor from scratch or rewire an entire house on a whim. Instead, we turn to mechanics and electricians when the need arises and rarely venture into their space. It’s simply a matter of know-how. The same is true for medical treatment. There aren’t many who can both diagnose and treat their own ailments, so we put our trust in medical professionals. When that trust is betrayed, the consequences can be dire.

At Stewart & Stewart, we believe in holding medical professionals to a reasonable standard of care. Most of our medical malpractice cases involve medical professionals who hurt our client more than they helped. The injuries they caused would never have happened if the medical professional had upheld, at the very least, a reasonable standard of care. Instead, our client received negligent care, sustained injuries, and therefore deserves to be compensated.

If you or someone you love has been the victim of medical malpractice, contact us immediately. Our team of experienced Indiana medical malpractice attorneys are ready to hear your story and work to get you the justice you deserve. You don’t have to go through this alone. Contact us today.

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26
Oct

The Truth About Medical Malpractice

October 26, 2016

Over the years, our firm has won substantial verdicts for medical malpractice victims in Indiana. That success has given us the reputation for being the firm to call if you or someone you love sustained injuries due to medical negligence. Although a medical malpractice case is something no one ever wants to go through, we believe one of the hardest parts is picking up the phone and giving an experienced lawyer a call.

What keeps most victims from calling a lawyer? In our experience, we’ve found that many medical malpractice victims simply don’t want to get their doctor in trouble, so they do nothing. Although their reluctance comes from a charitable place, their logic is flawed.

The reality is the medical professional or institution that caused your injuries has prepared for this lawsuit. Almost every medical professional and hospital has medical malpractice insurance because they know they may at some point be held liable for failing to deliver the standard of care their patients deserve. Although the surgeon or hospital will be named in the lawsuit you bring, it is the insurance company that will more than likely pay damages in your case, not the doctor or hospital.

If you or someone you love was the victim of medical malpractice, do the right thing and give us a call today for a free consultation with an experienced medical malpractice lawyer. You are the victim in this situation, and you deserve justice. Contact us today and we’ll fight to secure it for you.

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21
Sep

Defending Birth Injury Victims in Indiana

September 21, 2016

There are few moments in life that compare to when your first child is born. It may sound cliché, but it’s true that everything changes in that moment. After months of anticipation and planning, your child is finally coming into the world, and all you hope and pray for is that he or she will be healthy. Unfortunately, thousands of parents every year receive the devastating news that their child suffered a birth injury and as a result will have a very different life than the one they had hoped for.

Birth injuries can occur in every stage of the pregnancy, including after care once your child is born. The medical professionals tasked with your child’s safety have a responsibility to provide exceptional care at every stage of the process, as just one lapse of judgment can change your family forever. At Stewart & Stewart, we stand behind the families with children who have suffered birth injuries due to someone else’s negligence. Those families need experienced legal help in their time of crisis, and we’re proud to provide it.

If your child suffered a birth injury, give us a call today for a free consultation. Our team of Indiana birth injury lawyers is ready to fully investigate your child’s injury to determine who is responsible and to fight for the justice your child deserves. You don’t have to go through this alone. Contact us today.

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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.