Medicine is a deeply important and complicated field. When the stakes are highest, we count on well-trained professionals to deliver life-saving and life-enhancing care. They reduce pain, fight disease, and keep our families intact. It can be difficult for doctors, nurses, and other healthcare providers to make the right decisions in high-pressure, life-and-death situations. But one thing is clear: they need accurate information in order to make decisions and carry out the appropriate treatment plans. When communication errors, bad information, and mistakes cause catastrophic injuries or the death of a loved one, you and your family may be entitled to compensation.
Let’s be clear, though: compensation brings no one back. Instead, it helps the survivors carry on with life. And, critically, forcing insurance companies to pay for the mistakes of their insured also leads to better practices, improved communication, and safer healthcare for everyone. We know almost no one intends to commit malpractice: but the health care systems in our country sometimes let patients fall through the cracks. Only by holding those systems accountable will we ensure that all patients are appropriately treated.
According to a recent study from Johns Hopkins Medicine, medical malpractice is the third leading cause of death in the United States.
Medical malpractice occurs when a healthcare provider deviates from a recognized standard of care and injures a patient. The standard of care is what a reasonably prudent medical provider would do in a similar circumstance.
Medical malpractice can take many different forms, such as:
Any medical provider can be liable for medical malpractice. Common defendants in a medical malpractice case include:
If you or a family member was injured or someone you love was killed because a doctor or other medical provider was negligent, you may be entitled to compensation. Damages in an Indiana medical malpractice may include compensation for:
Unfortunately, incarcerated people are at higher risk of being victims of medical negligence. Inmates cannot seek medical attention or mental health services on their own: they must instead rely upon prison staff and healthcare providers for medical care and treatment. When an inmate is denied adequate medical treatment or receives substandard care that causes an injury, the inmate or their family can file a medical malpractice claim to hold the negligent medical providers responsible for the harm they caused.
Prisons nationwide have established standards and protocols to ensure inmates receive appropriate and timely medical care. These standards have been approved by the American Medical Association, the American Public Health Association, and the American Correctional Association. Nonetheless, prisons and prison medical companies sometimes violate prisoners’ rights by failing to provide adequate medical care or even by denying medical care altogether.
When an inmate has been the victim of medical malpractice, they can often file a claim under the Eighth or Fourteenth Amendments to the U.S. Constitution, which protect prisoners from cruel and unusual punishment. In order to prevail, the inmate must show that the defendant acted with “deliberate indifference” to the inmate’s health or safety. The inmate can often also pursue recovery by bringing a medical malpractice claim under state law.
Medical malpractice cases are some of the most complicated and highly contested personal injury claims. To improve your likelihood of success, you need an experienced medical malpractice attorney on your side. A medical malpractice lawyer can review and analyze your case, identify the responsible parties, and fight to hold them accountable for the harm they caused.
When you work with Sniderman Law, Indiana attorney Mark Sniderman will fight to protect your rights. He is a staunch and tenacious advocate who will fight for your rights and the justice you and your family deserve. Attorney Sniderman has dedicated his career to fighting to protect the rights of people injured because of medical malpractice and neglect. He is a tireless advocate for the injured and incarcerated who works to ensure your rights will be protected and your voice will be heard.
To learn more, contact Sniderman Law today to schedule a free and confidential consultation to discuss your situation and how Attorney Sniderman can help.
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