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Medical Malpractice Cases

LEE KELSO
The field of medical malpractice is one of the most specialized areas in all of law. Medical malpractice cases are among the most complex and difficult cases and there are not many lawyers who can handle these cases on a regular basis. With us today is a medical malpractice lawyer David Farnbauch. David, glad you could be with us today to talk about medical malpractice. 
DAVID FARNBAUCH
Its great to be here today. 
LEE KELSO
David let's start with some of the basics. Can you explain by what is meant by the term medical malpractice? Well the term medical malpractice really means that a doctor or a hospital or some healthcare provider, provided care that was below what is known as the standard of care is the level of care or expertise expected to be provided by the typical medical provider in that field.
LEE KELSO
David what are some of the more common types of medical malpractice handled by you over the years.
DAVID FARNBAUCH
I think some of the most common types of medical malpractice that we see in our office are cases that involve the failure to diagnose a particular condition. Sometimes there are problems revealed in tests, x-rays that are taken, studies that are done that reveal that is a tumor or problem and that report is given to a doctor and the doctor never relays that information to the patient, so there is nothing to follow up on the treatment after that condition has been discovered. Then, later on a person develops cancer or another serious condition that could have been treated earlier. Thus there is a claim brought against the doctor or medical provider for failing to diagnose the problem earlier. Another type of a medical malpractice case would be a case where surgery was performed and the surgery was not performed according to the standard of care and an injury results.  
LEE KELSO
If one of our viewers believes that they have been harmed as a result of medical malpractice what's the first step? 
DAVID FARNBAUCH
Well I think the first step is to contact a lawyer or a law firm that specializes in medical malpractice cases. What is usually involved in a medical malpractice case is we collect all of the medical documents that surround a precedure or medical care and treatment that was rendered to the patient. We provide those records to another doctor or a specialist in that field of medicine to analyze whether there has been medical malpractice involved in the care. 
LEE KELSO
David if someone believes that they have been the victim of medical malpractice does it cost them anything to have your law firm investigate the case and decide whether the case is worth being pursued.
DAVID FARNBAUCH
No it does not cost anything. We handle medical malpractice cases on a contingent fee basis. We never charge a fee unless there is a recovery, settlement, or verdict in the case. it will not cost the client anything to have us investigate the case. If there are expenses involved in hiring witnesses to analyze the medical records and determine whether there has been a  breach of the standard of care then our office advances those expenses on behalf of the client.
LEE KELSO
If it is proven that a doctor or a hospital committed medical malpractice causing injury or harm to a patient what kinds of damages could be recovered in lawsuit.
DAVID FARNBAUCH
Well in a medical malpractice case it is much like a personal injury case where danages can be recovered for the injuries themselves for physical pain and mental suffering caused by those injuries. If there is medical expenses to treat the medical malpractice that is recoverable. Damages can be recovered from missing work. If the ability to pursue a career was damaged or impaired we can recover damages for lost future earnings. if there is a death as a result of a medical malpractice. Also if there is a loss of love and companionship for the loved ones of the injured.
LEE KELSO
David is there a statute of limitations on filing a medical malpractice case?
DAVID FARNBAUCH
There are time limits for filing a medical malpractice case in Indiana. Your case has to be filed within two years of the occurence of the negligent act or malpractice. Thus, it is important for people if they believe that they or a family member was the victim of medical malpractive should contact an attorney as soon as the alledged negligent act occured, so an investigation can be conducted before the statute of limitations expires.
LEE KELSO
David you have given us very good information about medical malpractice. Thank you for taking the time to speak with us today. It was a pleasure spending time with you today.