Articles Tagged with personal injury

A missed diagnosis is one of the most common forms of medical mistakes made by doctors and other health care providers, accounting for a substantial number of Indiana medical malpractice lawsuits. One study published in the journal BMJ Quality & Safety revealed that nearly 12 million adults seeking outpatient medical care are misdiagnosed, which works out to about 1 in every 20 adult patients. Roughly half of those have the potential to result in serious harm.injury attorney

Recently in Indiana, a federal jury awarded $15 million to a woman (and her husband) who claimed a radiologist and imaging center were negligent in failing to identify a tumor for a full 18 months, resulting in a substantial reduction in her survival chances. Following a four-day verdict, jurors in the case of Webster v. CDI Indiana, LLC, before the U.S. District Court Southern District of Indiana Indianapolis Division, jurors found the diagnostic center was liable for the conduct of the doctor who didn’t find the tumor in a CT scan she underwent in late 2014. The tumor was ultimately discovered in 2016 – more than a-year-and-a-half later.

The initial question in these medical malpractice lawsuits isn’t necessarily whether doctors or other health care providers got it wrong or even how severely you were hurt. The issue is whether those actions met or fell short of the applicable standard of care, given provider’s specialty, education, resources and region. Jurors were asked to consider whether a similarly-situated, prudent provider would have responded the same in similar or identical circumstances. Here, jurors determined the doctor’s actions fell below the applicable standard of care, reducing plaintiff’s chance of survival, her options for treatment and inflicting serious physical pain and emotional suffering. Continue reading

An Indiana dentist, under fire for allegedly over-billing Medicaid and over-treating patients, will not have to face a civil trial for at least three of those patients, after their Indiana medical malpractice claim was shot down for failing to comply with the statute of limitations.dentist

In a recent decision, the Indiana Court of Appeals ruled the plaintiffs’ claim could not proceed because it was not filed within the two-year window allowed for claims involving medical negligence and personal injury.

According to the joint complaint filed by three patients treated by the defendant dentist in January 2012, one claimant underwent conscious sedation for the removal of a single tooth, only to awaken and learn the dentist had removed 11 teeth. In the other two cases, both patients agreed to the removal of all of their teeth, but only because the dentist told them if they did not, they would be at immediate risk of heart attack, stroke, or death.