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Medical Malpractice Kills | Medical Malpractice Articles

The Indiana Medical Malpractice Act spells out the procedures to follow if you suspect that you have a hospital malpractice claim or any type of medical malpractice lawsuit. The first step is to obtain your medical records and have medical experts review them and determine whether the hospital or hospital staff involved in your treatment provided substandard care that caused your injury.

The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.


Doctor negligence claims can be complex as it can often be difficult to show that the injury or illness you are suffering from has been caused or exacerbated by the negligence of your GP. Your solicitor will arrange for you to be assessed by an independent medical expert who will assess your injuries and/or illness and will advise on whether the symptoms you are experiencing have been caused by the negligent actions (or inactions) of your GP.
Of course, there is never any reason for any hospital to put patients at risk by offering negligent or inadequate diagnosis, treatment, or care. Hospitals are regulated and licensed under a number of state and federal laws, and hospitals must adhere to policies, standards, and procedures that enhance and protect the health and well-being of their patients. When a patient suffers injury or harm because a hospital’s employees have been negligent, the hospital may have legal liability.
The Indiana Medical Malpractice Act spells out the procedures to follow if you suspect that you have a hospital malpractice claim or any type of medical malpractice lawsuit. The first step is to obtain your medical records and have medical experts review them and determine whether the hospital or hospital staff involved in your treatment provided substandard care that caused your injury.
Failure to warn a patient of known risks. Doctors have a duty to warn patients of known risks of a procedure or course of treatment -- this is known as the duty of informed consent. If a patient, once properly informed of possible risks, would have elected not to go through with the procedure, the doctor may be liable for medical malpractice if the patient is injured by the procedure (in a way that the doctor should have warned could happen). (To learn more, read Nolo's article Medical Malpractice: Informed Consent.)
Most doctors and other medical professionals carry malpractice insurance to protect themselves in case of negligence/unintentional injury to their patients. The insurance may even be a requirement for employment within a specific medical group or hospital system. Some states, but not all, have minimum insurance requirements for medical providers. Malpractice insurance will cover both attorney costs and any money given to the plaintiff as the result of a settlement or verdict until it is exhausted, and then the medical provider or facility may be responsible for any excess verdict or judgment against them.
"The opinion upholding the judgment recognizes that although not every fiduciary relationship will give rise to a claim for damages, where the specific professional responsibility of an attending physician is to convey accurate information, then failure to do so can give rise to liability if the physician's breach results in unusual and extreme emotional distress on the part of the plaintiff," Raynes said in an email, according to AMN.
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We consider all cases on a Conditional Fee Agreement (CFA), also known as a No Win No Fee agreement. This means that if you are not successful in pursuing your claim, we will not charge you any of our base legal costs. If we are successful with your claim, we submit the costs which we have incurred in pursuing the claim to the defendant/s and or their insurers. We are also entitled to charge a success fee, which will be deducted from your recoverable damages at the end of the claim. However, we can offer a competitive success fee and our aim will always to beat a success fee offer by any other firm. This means that we aim to beat the terms offered by other law firms and you will receive more of your compensation.
Medical malpractice lawsuits typically have a short statute of limitations. This means that you don’t have much time after your injury to start the lawsuit. If you miss the deadline, your case will be thrown out regardless of the facts. Most states have a statute of limitations of three years or less. Some states extend the deadline if you had no way of knowing you were injured for months or years after a negligent medical procedure, however.
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