Medical malpractice occurs when a healthcare professional falls below the standard of care in treating a person.
To have a strong medical malpractice claim, one must have the following:
This can occur in a variety of ways. Our aggressive attorneys, Joseph Williams and James Piatt, have years of experience in fighting for patients or patient’s family members to get the compensation and recovery they deserve. Whether the medical malpractice caused you to lose a loved one or caused them to become sicker, it is important to get advice from one of our attorneys to see how you can build up a claim to get some compensation for what has occurred.
Many times when someone experiences an injury due to any type of defective products (read more about product defect types here), they feel the only proof that is required is the defective product and proof of the injury. There are many ways to prove fault in a product liability case. By familiarizing yourself with the different types of legal theories in regards to product liability, you’ll be much more confident going forward with your case.
Just like brain injuries themselves, the legal procedures for brain injuries are extremely complicated. There is a wide range of TBIs varying from mild injuries to serious ones. Here is a list of facts and myths to help you get a better understanding about brain injuries.
This will be extremely difficult and time consuming and that’s why Riley Williams & Piatt offers our clients our commitment and hard work to save them time, energy, and stress. There are many people involved in getting the defective product to your door. You want to dig up every bit of information about any individuals and companies who could be held responsible for the harm that the product has brought.
Go through every individual and business that took part in chain of distribution. You would rather have individuals and businesses that get crossed out during the claim than leave out those who are responsible for the injury.
Try to research the people involved from the conception of the product to the delivery of it.
Medical malpractice can be confused for medical product liability and vice versa.
However, in reality, they are NOT the same thing. Of course sometimes a lawsuit may overlap between the two, but each are separate sectors of lawsuits.
Whether you are prescribed a drug or taking a drug from over-the-counter, your circumstances may be qualified to file a product liability claim against those medical professionals or pharmacists who caused you more harm than good without alerting or warning you of those negative detrimental effects.
Medical malpractice claim can be filed together with medical product liability claim, when a health professional failed at warning you about the side effects of the drugs you have been prescribed or sold.
To file a malpractice claim you have to prove the following three:
There are no federal laws that protect you when a defective product led you to become injured. However, each state has various product liability laws at play. In Indianapolis, there is something called “the act” in play titled appropriately, “Indiana Product Liability Act”. This act is in place to prevent negligence and protect users from negligent manufacturers.
There are three types of defects that could fall under this act:
However, if a consumer has modified or altered the product before the product caused any injuries, they will not have a case.