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Can You Sue an Indiana Hospital for Pain and Suffering?


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Hospitals are places of healing, and the people working in hospitals are expected to care for patients. When things go wrong, and patients get hurt, they may experience great physical and emotional pain and suffering.

You can sue an Indiana hospital for your pain and suffering caused by their negligence. In fact, hospitals are so frequently the target of lawsuits that many have full-time legal teams dedicated to handling legal actions against the hospital. Many lawsuits stem from medical malpractice, although this is not the only possibility. Hospital visitors can be injured in premises liability accidents like slipping on wet floors or other hazards. Once we have established that the hospital is responsible for your pain and suffering, we must evaluate your damages and determine how much your pain and suffering are worth.

If a hospital acted or failed to act in a way that constitutes negligence, they may be held liable for your pain and suffering. Our Fort Wayne medical malpractice attorneys are available for a free case evaluation to get you started. Call Wruck Paupore at (219) 322-1166 today.

Suing an Indiana Hospital for Pain and Suffering

Before suing a hospital for the pain and suffering it caused, we must sue them for some kind of negligence. To start with, you cannot sue a hospital because the surgery or treatment you received was painful; that is often an unfortunate but necessary part of some medical treatments. Instead, the pain and suffering will be tied to some personal injury claim against the hospital. Hospitals are often sued for medical malpractice, although lawsuits for injuries related to premises liability or injuries caused by other patients are also possible. Our Indiana medical malpractice attorneys can help you determine the best approach to your case.

Medical Malpractice

Medical malpractice lawsuits are filed against hospitals, doctors, nurses, and other medical professionals when negligent medical care injures patients. In medical malpractice cases, the negligence must involve acts or failures to act by medical professionals that are considered below the standard of care. The relevant standard of care depends on the illness or condition being treated.

One example of medical malpractice leading to much pain and suffering is leaving behind surgical tools after a surgery. Surgeons work with a lot of equipment and tools, and some tools are very small and precise. When surgery is complete, the doctors are responsible for ensuring no tools are left inside the patient’s body. When doctors fail to remove everything, tools are left inside the patient, where they may cause great physical pain. Once the problem has been identified, patients are often horrified and experience severe emotional trauma.

To file your lawsuit, our Indiana medical malpractice attorneys can help you submit your case to a medical review panel. This step is required by law and involves three doctors or other health care providers reviewing your case to determine if the defendant acted or failed to act within the standard of care. While the opinion is not a binding decision, it may be used as evidence in your lawsuit once your case goes to trial.

Premises Liability

The hospital may be liable for your pain and suffering even if no medical malpractice exists. Hospitals are big places, and a lot can go wrong if the facilities are not properly maintained. Premises liability cases are possible, and our Hammond personal injury attorneys can help you sue for your pain and suffering.

Premises liability cases involve plaintiffs injured because of hazards or unsafe conditions on a particular property. Many premises liability cases consist of slip and fall accidents, which are not uncommon in hospitals. Hospitals are almost constantly being cleaned, and wet floors are a regular occurrence. Visitors might be severely injured if a custodian or maintenance worker fails to put up a wet floor sign or warn people that the floor is slippery.

Serious injuries like broken bones, back injuries, and head trauma are often associated with slip and fall accidents. The physical pain and psychological trauma from these injuries may severely hinder your ability to function, and the hospital can be sued for these damages.

Calculating Damages for Pain and Suffering in a Lawsuit Against an Indiana Hospital

Suing a hospital for pain and suffering is possible, but it is sometimes challenging because these damages are difficult to assess. Other damages, like medical bills or the cost of lost earnings, can be easily tallied up by looking at bills, invoices, or past wages. Pain and suffering are different because they do not usually come at a financial cost, so there are no predetermined values that we can add up. Instead, our Indianapolis personal injury attorneys can evaluate these damages based on how they affect your daily life.

Generally, the more deeply your life is affected by pain and suffering, the greater your damages may be. Courts are often looking for pain and suffering that hinder or limit your ability to perform ordinary tasks on a daily basis. For example, courts are more willing to award compensation if you are in so much pain or so psychologically traumatized that you cannot leave your home, hold down a job, or provide for your basic hygiene needs.

The exact sum of money your pain and suffering are worth may be based in part on the sum of your economic damages and how long the pain and suffering have affected you. If you have very high medical bills and have lived with the pain and suffering for a long time (e.g., several months, a year, several years), your damages for pain and suffering may be quite high.

Contact Our Indiana Medical Malpractice Attorneys for Help

Hospitals can be held liable for the pain and suffering they cause whether you were a patient or not. Our Indiana personal injury attorneys can help you determine what kind of case you should file. Call Wruck Paupore for a free case review at (219) 322-1166 today.

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Top-Rated Litigator.
Helping injury victims move forward.

Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.

More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.

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Understanding the Insurance Company:
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In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.

Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.

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More than 40 Years of Experience.
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For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.

Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.

Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.

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