Archive for the ‘ Medical Malpractice ’ Category

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19
Nov

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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15
Oct

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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10
Sep

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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16
Jul

Important Facts About Indiana Medical Malpractice Lawsuits

July 16, 2014

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

June 11, 2014

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

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 08, 2013

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

February 13, 2013

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

November 21, 2012

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

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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