Category: Medical Malpractice Law

Occasionally you’ll hear a story in the news about a person who went in for surgery and the doctor operated on the wrong body part. It is almost hard to believe that these situations actually occur. These stories are rarely picked up by mainstream news sources. For every one we see, there are many we don’t. Every week in…

The myths surrounding medical malpractice law are often perpetuated by the medical establishment to their benefit. These myths often make attorneys concerned with medical justice look like “ambulance chasers,” and dissuade people with legitimate medical concerns from coming forward. As a medical malpractice attorney who has worked to handle a wide range of cases with clients from all…

As technology advances we’ve come to embrace devices that make our lives easier. Smart phones that surf the internet, play games, send emails, send text messages, tweet, take pictures and, occasionally, make a phone call. A single universal remote that controls your television, DVD player, cable box, sound system, and maybe even your blinds is another example. However,…

Millions of people are prescribed medications, and many are prescribed multiple. Despite the stringent oversight of the U.S. Food and Drug Administration (FDA), many negative side effects or bad interactions with other medications can still occur, even when taking medications as instructed. These adverse drug events/reactions are defined as “any undesirable experience associated with the use of a medical product…

The Indiana Medical Malpractice Act has to be followed in a negligence case when the healthcare provider is a “qualified healthcare provider” – which essentially means that the healthcare provider has followed certain steps, which include obtaining malpractice insurance coverage and paying a surcharge funds the monies managed by the Indiana Patient’s Compensation Fund. Physicians, nurses, hospitals, midwives, paramedics,…

Sometimes we refer to medical negligence or medical malpractice as “running a medical red light”. In other words, medical negligence is when a doctor or other healthcare provider does something or does not do something that other doctors agree is outside of what they consider reasonable given the circumstances. It is a two-step process. To prove a doctor was negligent,…

Who Makes Up a Medical Review Panel? The panel is made up of three healthcare providers who are of the same or similar specialties as the doctor or other healthcare provider(s) who have had the claim made against them. For instance, if the claim is against a surgeon, then there will be at least two panelists who are…

If you lose the medical review panel, you and your attorney will decide whether you have a legitimate chance of success if you move forward and file your action in court. However, you will not be able to go forward unless you have an expert who will testify under oath that malpractice occurred and resulted in harm and damage…