West Lafayette Medical Malpractice Attorney

When we are sick or injured, we rely on doctors to help us recover and get out lives back on track. We rely on their knowledge and expertise to provide us with proper treatment. However, when medical professionals make mistakes, devastating injuries can occur.

If you were injured as the result of medical malpractice, then you may pursue compensation for the damages you incurred. In order for your case to succeed, you must be able to prove that your physician deviated from accepted standards of care. Thankfully, our legal team can help collect the evidence needed to support your claim.

Seek guidance from our experienced medical malpractice attorneys by calling Wruck Paupore at (219) 322-1166 for a free assessment of your potential case.

What is the Definition of Medical Malpractice in West Lafayette, IN?

Medical malpractice deals with professional negligence. It is defined as any act or omission committed by a medical professional that deviates from accepted norms of practice in the medical community and causes injury to a patient.

Accordingly, there are specific elements that must be established in order for a plaintiff’s medical malpractice case to prevail. First, the defendant physician must have violated the “standard of care” that is recognized as being acceptable medical treatment in the given situation. In other words, the doctor must have deviated from typical medical treatment that would have been administered by other physicians with similar training and experience dealing with similar circumstances.

Furthermore, the plaintiff must have suffered an injury because of their doctor’s negligence. It is not sufficient to simply show that a physician failed to adhere to the applicable standard of care; the victim must demonstrate that actual harm resulted from their doctor’s negligent behavior.

Finally, for their medical malpractice case to succeed, the plaintiff must prove that they suffered damages as a result of their injuries. For instance, a victim of medical malpractice may sustain economic losses stemming from additional medical bills and lost wages. Also, they may incur substantial non-economic losses in the form of physical pain and emotional suffering.

The cost of litigating a medical malpractice case can be immense. Plaintiffs typically have to hire multiple medical experts to support their claims. Accordingly, if a victim did not incur significant damages, then the cost of pursuing their lawsuit may not be worth it. During a free case review, you can assess the value of your potential claim with assistance from our medical malpractice attorneys.

Examples of Medical Malpractice in West Lafayette, IN

In order for medical malpractice to have occurred, you must suffer more than a bad outcome from your treatment. Rather, you must have been hurt because your doctor did not provide appropriate care, which commonly occurs in the following areas, among others:

Misdiagnosis

A misdiagnosis occurs when a physician believes their patient’s medical condition is something it is not. For instance, a patient may repeatedly complain of abdominal pain while their physician dismisses it as insignificant. In that case, the doctor could be liable for medical malpractice if it turns out the patient was actually suffering from appendicitis. Still, confusing one disorder for another is not uncommon. For a misdiagnosis to constitute medical malpractice, it must be proven that under the same circumstances, a reasonable physician would have known better.

Surgical Errors

Medical malpractice cases also arise out of situations where surgery goes drastically wrong. For instance, a surgeon can be liable for malpractice if they operate on the wrong body part. Further, malpractice may also occur when a surgeon leaves a tool inside of a patient. If you were hurt as the result of a surgical error, then you may be entitled to monetary damages for the harm you endured.

Lack of Informed Consent

The failure to get informed consent can also constitute medical malpractice. Before administering any specific treatment, physicians must inform their patients of all the potential risks and benefits associated with that treatment. Furthermore, physicians must offer patients alternatives for treatment when available. Therefore, a patient may have a claim for medical malpractice if they are hurt because their doctor failed to warn them of the risks accompanying a particular procedure or treatment.

Anesthesia Errors

Finally, another example of medical malpractice involves anesthesia errors. These types of errors can be made before, during, or after a patient is administered anesthesia. For example, an anesthesiologist may make a dosage error, or they may unnecessarily delay the delivery of anesthesia. Furthermore, they may make a mistake by failing to respond to certain complications associated with anesthesia. Victims of anesthesia errors may have grounds to file medical malpractice claims against at-fault parties.

Considering Settlement Offers in West Lafayette Medical Malpractice Cases

While pursuing a medical malpractice lawsuit, you may be presented with a settlement offer. If you accept a settlement offer before trial, then the defendant will pay you a specific amount of monetary damages in exchange for the voluntary dismissal of your claim. There may be advantages to reaching a settlement agreement. As an example, those who settle early may avoid significant expenses that can be incurred at trial, like expert witness fees. Further, plaintiffs who settle early may obtain their payment sooner.

Still, a high number of defendants want to settle their cases cheaply and quickly. As a result, many plaintiffs in medical malpractice cases are presented with settlement offers that do not reflect the true value of their claims. If you are not presented with an acceptable offer, then you will have to go to trial to acquire the full extent of monetary damages you deserve. However, the decision to go to trial does not come without risk. If your case is unsuccessful, then you may receive nothing for your injuries. Therefore, it is crucial to have competent legal representation by your side when negotiating with defendants and considering settlement offers in your case.

If You Need to File a Medical Malpractice Lawsuit in West Lafayette, IN, Our Attorneys Can Help

Get help from our experienced medical malpractice lawyers at Wruck Paupore by calling (219) 322-1166 to review your case for free.