Medical Malpractice Lawyer Indianapolis


Medical malpractice can result in catastrophic and life ending  personal injury and damages. Victims of medical malpractice often believed that they were entering into medical care to get better. However, for some patients and their Families that isn't the outcome.  Our Medical Malpractice lawyers can help you understand and build a case against the doctor, hospital, nurse, or medical group responsible.

Don’t continue suffering or shuffle from doctor to doctor hoping for better care. Instead, take an active part in recovering compensation that you deserve by hiring an Indianapolis personal injury lawyer. Medical malpractice is rarely a stand-alone incident.

Your decision to initiate a case can help others avoid suffering. When appropriate StewartWood staff will make sure  the medical board and the State of Indiana are aware of their medical industries failures. Call StewartWood Injury Lawyers today at (317) 969-6558 to speak with one of our expert medical malpractice attorneys. We provide a risk-free consultation for you to get answers to all of your questions and will fight for you to get the compensation you deserve for your damages and life changing injuries.  The StewartWood Attorneys and Staff will work to make sure your not a victim again. 

If the case needs to go to trial, StewartWood has years of experience preparing for and being aggressive in the Court Room. Not ALL LAWYERS are the same. Some lawyers do NOT like or want to be in a Court Room or have a Jury Trial. Insurance Companies know that the lawyers at StewartWood will go to trial.

What Steps Should I Take for  a Medical Malpractice Case?

If you suspect you are a victim of medical malpractice, contact the attorneys at StewartWood Injury Lawyers immediately at (317) 969-6558 . We offer a free case review and will listen to the full account of what happened. You should explain the events as they occured from the time of your first doctor’s appointment to your most recent medical procedure or contact with them.

If at all possible, bring in your medical records. Because of strict time restraints, you must act quickly.

How Long Do I Have to File an Indiana Medical Malpractice Lawsuit?

Except in a few circumstances, you have two years from the date of the medical error.

However, there are some exceptions to this time frame. For example, if the involved child was under six years old, the guardian or parent has until the date of their eighth birthday to file. Additionally, if it was not reasonable to discover the malpractice injury or harm the courts may allow an extension of the deadline. The question will always circle back to, “why wasn’t the claim filed sooner?”

In the instance of malpractice resulting in a wrongful death, Indiana allows the family up to 2 years. That two-year countdown starts from the time of medical malpractice not the date of death.
If you need a medical malpractice lawyer in Indianapolis, contact StewartWood Injury Lawyers.

What is the Indiana Medical Malpractice Act?

These laws typically spell out the expectations or caps on compensation, time frame for filing claims, and when immunity is applicable. In 1975 the state drafted the Indiana Compensation Act for Patients or INCAP. Working with the Indiana State Medical Association, this malpractice act should compensate victims and keep insurance rates affordable.

Indiana has set the current cap at  sets the cap at $1.8 million.

When a doctor is negligent and found guilty of negligence, they only have to pay a portion of the amount. The remainder of the compensation comes from Indiana's Patient Compensation Fund. Combining these resources for patients allows people to recover for the damages. 

Under INCAP, the family or victim has two years to file their claim. 

Victims of malpractice must file a formal complaint to the Indiana Department of Insurance. Then they will go through an approval process where a Panel of medical experts will review the case.  The report from the panel is admissible for your court proceedings if the lawsuit goes that far.

Will I Be Expected to Testify in Court?

Most medical malpractice cases will reach a full resolution before going to court. Doctors, medical centers, and networks may choose to settle for various reasons. A settlement is usually beneficial to both parties.

Taking a case to trial is necessary for some situations. However, a lawsuit does bring risk to both the plaintiff and the defendant. Defendants will likely want to keep their policies, procedures, or lapses in judgment private.

Regarding settlements, your attorneys will negotiate your behalf and discuss what options are on the table. The final decision of accepting a settlement is yours to make. No one will make that choice for you.

Finally, if your case does proceed, then you will likely need to testify. The majority of the testimony will be from expert witnesses. If you do need to testify, our lawyers will help you prepare for that day.

Just know that if the case needs to go to trial, StewartWood has years of experience preparing for and being aggressive in the Court Room. Not ALL LAWYERS are the same. Some lawyers do NOT like or want to be in a Court Room or have a Jury Trial. Insurance Companies know that the lawyers at StewartWood will go to trial.

At StewartWood Injury Lawyers there is NEVER A FEE until we win  your case.  

What are Examples of Medical Malpractice Cases?

As with medical care, medical malpractice comes in a wide variety of forms. It’s possible that you’ve experienced medical negligence to some degree without even realizing it. For those who are seeking lawsuits against a medical network, medical center, or medical professional, they likely had similar experiences.

Read through each description carefully to understand if that form of malpractice applies to your situation. If you don’t notice anything that matches your experience, then contact the StewartWood Injury Lawyers office to schedule a free consultation. During that consultation, our attorneys can help you identify what type of malpractice you encountered.

Contact the Medical Malpractice Lawyers at StewartWood Injury Lawyers for a Free Consultation

A medical malpractice lawyer in Indianapolis is your best chance at putting up a good fight. Using the right legal support, you can build a strong case based on hard evidence. StewartWood Injury Lawyers help the victims of medical malpractice. We understand that you thought you were going to start your recovery and instead you were left in worse condition than when you started. Or in some situations, expressed your concerns to a doctor who failed to listen or act appropriately. Contact our offices as soon as you believe you have been the victim of medical malpractice.

The common ground between all medical malpractice claims is that someone should have helped you, and instead, they created more pain and suffering. We are here to provide assistance, and we start with a free consultation. Call StewartWood Injury Lawyerss for a risk-free consultation, and we can begin discussing the specifics of your case today.

Medical Malpractice Wrongful Death

Wrongful death cases will involve several regulations and laws which operate at various levels. First, the Indiana Malpractice Act applies to nearly every claim. But, when the instance of malpractice results in a death, correlating wrongful death additional statutes also apply.

Within Indiana, there are both general adult and child wrongful death statutes.  Each provides limitations and applicable remedies for the situation.

StewartWood Injury Lawyers has an experienced and knowledgeable team of Indianapolis wrong death lawyers that understand how these different aspects can impact your case. We work to win our clients the maximum amount of compensation available.

StewartWood Injury Lawyers offers medical malpractice legal services across Indianapolis, Central Indiana, Greenwood, Brownsburg, Avon, Kokomo, Muncie, Anderson, Ft. Wayne, Bloomington, Greenfield, Terre Haute, Noblesville, Plainfield, Lafayette and the surrounding areas.