MEdical Malpractice OVERVIEWThe concept of medical malpractice negligence is very broad and encompasses virtually every kind of mistake that could be made by a medical professional. Medical malpractice occurs when a healthcare provider fails to provide treatment that meets the customary standard of health care as provided by the medical industry. A healthcare provider may be a doctor, nurse, psychiatrist, dentist, chiropractor, podiatrist, hospital or any other medical professional involved in the diagnosis or treatment of a patient. The failure to satisfy the standard of health care, or medical negligence, may result in an injury to, or wrongful death of, a patient. Medical negligence can include an error in diagnosis, treatment or illness management, and can involve the doctor, hospital, health care facility, or governmental agency that manages the hospital or health care facility. In a successful medical malpractice case in Indiana, the patient’s compensatory damages are usually subject to a statutory cap. Tourkow, Crell, Rosenblatt & Johnston, LLP can assist in reviewing your situation related to medical malpractice. At TCRJ, the initial consultation is free. If we agree to accept your case, we will usually handle your case on a contingent fee basis, which means we get paid for our services only if there is a settlement or recovery of funds. Please contact Stanley Rosenblatt to have your Indiana Medical Malpractice Case reviewed today.
FREQUENTLY ASKED QUESTIONS
What is Malpractice?
Malpractice occurs when a health care provider violates any one of the many patient safety rules that are in place to guide a health care provider in the care of patients. Our attorneys have handled cases arising out of:
- Missed or delayed diagnoses
- Lack of informed consent
- Anesthesia errors
- Surgical errors
- Obstetric/labor and delivery errors
- Improperly prescribed or dispensed medication
- Patient neglect
I want to file a claim for my injuries, what’s the first thing I should do?
It is best to contact an attorney right away. An experienced attorney has the education, knowledge and experience to assist you right from the onset of your care and, if necessary, through trial. Once you retain legal representation, the attorney can deal with the insurance company, saving you time and frustration and preventing you from making any mistakes, which could hinder your right to recover in the future.
How long will it take to get a settlement offer?
Several factors determine the length of time to receive a settlement offer, including but not limited to, the length of medical treatment or when you have reached maximum medical recovery in your treatment pending an assessment of whether your injury is permanent.
How soon after I am injured do I have to file a lawsuit?
The statute of limitations in the State of Indiana for a civil tort action is two (2) years from the date of injury, or possibly when treatment ends. You must file a lawsuit within this time frame or your claim will be forever barred.
How much is my case worth?
Several factors determine the value of a claim, including but not limited to, the nature and extent of the injury, the type and length of medical treatment, permanency of the injury, and the applicable insurance limits available to recover.
Will I have to go to Court?
How much will Tourkow Crell Rosenblatt & Johnston charge me?
Similar to most law firms representing victims of medical malpractice, TCRJ works on a contingency fee basis. We receive no fee if there is no recovery.
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