You trust that the medical professionals treating you have the training and experience to perform their jobs to the highest standard. You also trust that they care enough to take the time to carefully perform their job. While you should be able to have this trust, sometimes it is broken.

If you or a loved one was injured and you believe it may be related to medical malpractice, consulting with a compassionate Gary medical malpractice lawyer may be of benefit. A knowledgeable personal injury attorney can sit with you to help you fully examine the treatment you received to determine how your injury could have occurred. En Español.

What Constitutes Medical Malpractice?

When a patient is injured by the negligent act or omission of a hospital, doctor, or other health care provider, medical malpractice has occurred. The negligence could be related to an error in diagnosis, treatment, aftercare, or health management.

To be classified as malpractice, there must be a clear violation of the standard of care. This means that the medical professional failed to act in a way that a reasonably prudent health care professional would have acted under similar circumstances. Additionally, the negligent actions must have caused the plaintiff’s injury.

If no injury occurred or the injury cannot be linked to the negligent actions, a medical malpractice case does not exist. Furthermore, the injury must have resulted in significant damages. For a medical malpractice case to have merit, it must show that the patient suffered a disability, loss of income, unusual pain, hardship, or past and future medical bills.

Examples of common cases of medical malpractice cases include:

  • Failure to diagnose or misdiagnosis
  • Misreading or ignoring laboratory results
  • Surgical errors or wrong site surgery
  • Improper medication or dosage
  • Disregarding or not taking appropriate patient history
  • Failure to recognize symptoms

Statutory Limits on Damages in Gary, Indiana

Many states, including Indiana, place legal limits on the amount a person can recover in a medical malpractice case. These limits can be found in Indiana Code 34-18-14. If the alleged medical malpractice occurred before July 1, 2017, a plaintiff is usually barred from recovering more than $1,250,000 in total damages.

The healthcare provider found to be liable will usually be required to provide the first $250,000 of that amount. The remainder, up to $1,000,000 will come from the Indiana Patient Compensation Fund.

Additional limits are as follows:

  • For malpractice occurring after June 30, 2017, but before July 1, 2019, the cap is set at $1,650,000. No more than $400,000 can be mandated for the health care provider to pay. The remainder, up to the $1.65 million cap, will come from the state compensation fund.
  • For malpractice that takes place after June 30, 2019, the cap is $1,800,000. The health care provider will not be required to pay more than $500,000 and the state compensation fund will provide the rest of the award up to the cap.

Anyone considering a claim should consult with a well-versed Gary medical malpractice lawyer to help determine what their case may be worth.

Let a Gary Medical Malpractice Attorney Help

A qualified Gary medical malpractice lawyer can work with you to put together a strong case that could lead to a fair settlement or jury award. A compassionate attorney knows that this is can be a physically, emotionally, and financially difficult time. A diligent lawyer can ease some of your stress and help prove that your injuries are the direct result of medical malpractice. Contact McCready Law today to learn more about your legal options.