Nurses are spending more time with patients than doctors and now carry even more responsibility for the patient’s health and safety. As a result, nursing error claims in Indiana are rising as patients seek compensation for their injuries. Having an experienced Indiana nurse malpractice lawyer can make all the difference in your case and help you achieve a successful outcome.
An experienced nurse malpractice attorney understands how to prove your claim, performs a thorough investigation, identifies the correct parties to hold accountable for the harm you suffered, and implements a winning strategy for your case.
The Battle an Indiana Nurse Malpractice Lawyer Wages
Unfortunately, nursing errors generally lead to serious injuries that deserve fair compensation and proving Indiana nursing errors resulting in injury can be challenging. An experienced attorney understands the elements required to establish a nursing malpractice claim and obtain the damages you deserve.
Proving your claim does not happen in a vacuum. Generally, nurses are represented by large insurance companies, which fight to avoid paying compensation. An Indiana nursing malpractice attorney protects your interests and ensures the insurance company pays the compensation you deserve.
An Indiana Nurse Malpractice Lawyer Can Help Prove Your Claim
Malpractice claims can be challenging to prove because they involve complex science and the use of one or more expert witnesses. Specifically, the four key points needed to prove nurse malpractice claims in Indiana are:
- Standard of care;
- Breach of duty;
- Causation; and
The standard of care a nurse must use is defined by the care a competent nurse would have provided in a comparable situation. When nurses fail to provide their patients with this level of care, they are deemed to breach their duty. When the nursing error is the cause of the patient’s injuries, the nurse is liable for any damages arising out of the patient’s injuries.
While the injuries arising out of nursing malpractice vary, common types of nursing errors include:
- failure to obtain informed consent in violation of Indiana Code § 34-18-12-1;
- failure to assess and monitor;
- failure to follow standards of care; and
- failure to document and communicate.
An Indiana Nurse Malpractice Lawyer Can Help You Sue the Correct Party
When nursing errors in Indiana cause injury, several people or organizations may be responsible. The nurse who caused your injuries is often the first party named as a defendant but not the only one. Hospitals, doctor’s offices, and other healthcare providers may also be liable for the actions of their nurse employees.
Indiana Code § 34-18-4-1 requires all healthcare providers, including nurses, to have medical malpractice insurance or provide certification of financial responsibility. As such, Indiana nursing errors claimants are typically dealing with a healthcare provider or an insurance company throughout the lawsuit. A skilled Indiana nurse malpractice lawyer can help identify the appropriate party or parties to pursue recovery for your injury or loss.
Who Can Sue For Damages in an Indiana Nurse Malpractice Lawsuit
Depending on the extent of the injuries, any of several parties may file a claim for Indiana nursing errors. The injured patient can seek recovery from the responsible party. However, should the injuries cause death, severe physical injuries, or severe mental damage, the patient may be incapable of instituting a lawsuit.
A party is incapacitated when they cannot make decisions for themselves or the stress of a lawsuit is too much to handle given their injuries. When the injured party is still alive, a personal representative such as a guardian, often a family member, may file the lawsuit on their behalf. When the nursing malpractice causes a death, the deceased patient’s estate may file a nurse malpractice lawsuit.
Lawsuits for Indiana nursing errors can feel daunting as they are professionals and typically part of a large organization. However, an Indiana nurse malpractice lawyer can help you navigate the lawsuit and fight to recover the damages you are entitled to. For consultation to discuss your nurse malpractice claim, contact David Allen at Camden & Meridew, P.C., by calling 317-770-0000 or by completing our online contact form.