Lawyer malpractice examples

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5 Examples of Attorney Malpractice When choosing a lawyer you want to make sure that you are going to choose one that is going to treat you with respect. When we suffer an injury, our entire lives can be thrown in turmoil. An injury can mean a mountain of medical bills, excruciating pain, and immobility or other disabilities If the attorney puts this money into his or her personal account, this can be considered financial misuse. Of course, the most extreme example of legal malpractice related to a misuse of funds would be of an attorney were to steal funds from their clients outright. Inadequate Investigation or Discover

For example, in Pittman v. McDowell, Rice & Smith Chartered, 12 Kan. App.2d 603, 752 P.2d 711 (Kan. 1988), the attorney specifically agreed in the attorney/client agreement to make a journal entry and failed to do so. This is not part of an attorney's general duties, so the case was allowed to proceed under a breach of contract theory Examples of Medical Malpractice. Misdiagnosis - A doctor in a hospital fails to recognize cardiac tamponade in a 63-year-old man and the lack of diagnosis or treatment leads to his death. Delayed Diagnosis - A medical professional gives a delayed diagnosis of a bowel obstruction and the delay causes the patient's wrongful death While confidence is a necessity for lawyers, when advising clients, a little humility may help as well. Poor Communication: This is the biggest complaint I hear from disgruntled clients considering a legal malpractice action. Clear and frequent communication by the attorney is critical

Examples of Medical Malpractice? Here are the most common examples of medical malpractice. Protect yourself. Read now or call: 312-500-4500 A few common examples of attorney malpractice include: Blunders: If an attorney makes outrageous mistakes, such as missing court dates or deadlines, fails to properly submit documents to the court, or otherwise behaves irresponsible, the attorney may have committed malpractice Contact Legal Malpractice Lawyers. At Patrick Malone & Associates, our legal malpractice lawyers understand how devastating it can be to be a victim of legal malpractice. As experienced malpractice lawyers, we have represented individuals and small businesses in the Washington, DC metro area, Virginia, and throughout the State of Maryland The classic example of negligence is the attorney who did not file a lawsuit before the statute of limitations expired. Even if it was an inexcusable error, it gives rise to a viable legal malpractice claim only if the client proves to a legal certainty he or she would have won the case had it been filed on time

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Some examples of attorney negligence include missing statute of limitation deadlines, failing to show for court hearings or file motions on time, being grossly unresponsive to a client, failing to advocate for a client, or failure to keep accurate accounting of expenses Common examples of legal malpractice include bad legal advice, conflicts of interest, missed deadlines, situations where the lawyer also seeks to be a partner in your venture, situations where the lawyer is unprepared, abandons the case, or settles without your permission. Let's look at some common examples As with medical malpractice cases, a person must prove that malpractice occurred by showing: The attorney was hired to competently represent the client The attorney made a mistake or breached a contract The mistake or breach caused the client financial or other har

Common Examples of Legal Malpractice Claims - Embroke

The Louisville personal injury lawyers at Cooper & Friedman represent personal injury, workers' compensation, medical malpractice, elder abuse, product liability, fair debt collection practices, unfair credit reporting, civil rights and police brutality clients in Louisville, Kentucky, and throughout the state of Kentucky and Southern Indiana, in cities and counties that include Shelbyville. Medical malpractice occurs when a doctor, hospital, or other healthcare provider causes injury to a patient due to a negligent act or omission. The negligence may involve diagnostic errors, treatment and aftercare errors, or errors in health management. Some examples are misdiagnosis, delayed or failure to diagnose

Examples of Legal Malpractice Case

Legal malpractice refers to an attorney's negligence; breach of fiduciary duty; or breach of contract that causes financial harm to a client. Examples include the following: Incompetence — accepting cases that are outside the attorney's normal practice areas, missing filing deadlines, failing to conduct sufficient discovery or designate. Botched Extractions Malpractice Cases Botched extractions are the most common cause of dental malpractice/negligence, according to this study. A big issue with extractions is when dentists sever a nerve. Severing a nerve can result a lifelong injury Lawsuits against lawyers usually fall under three categories: negligence, breach of contract, and breach of fiduciary duty. Negligence. Negligence is the most common grounds for a malpractice lawsuit. It happens when your attorney fails to use the skill and care normally expected of a competent attorney. For example, you might have grounds for.

Common Examples of Legal Malpractice Individuals who practice in regulated professions are expected to conduct themselves with a certain degree of care. Legal malpractice is a form of professional negligence that occurs when an attorney fails to conduct himself or herself in accordance with the standards expected of the profession Examples of Medical Malpractice. As for examples of medical malpractice, we've all seen in TV shows and movies where sponges and medical instruments are left inside a patient after surgery. But medical malpractice is much broader, encompassing all of the following: Failure to diagnose or misdiagnosis. Misreading or ignoring laboratory result Legal Malpractice. Not every mistake made by an attorney is considered legal malpractice. Instead, legal malpractice happens when an attorney handles a case inappropriately due to negligence or with intent to harm and causes damages to a client. To prevail in a legal malpractice lawsuit in most jurisdictions, you will need to prove an attorney. Attorney malpractice; Clergy malpractice; Architect/Engineer malpractice; Basically, anytime a professional or accredited expert is involved, the possibility for professional malpractice exists. In addition, entire groups or organizations may be held liable for malpractice, as when a hospital is sued for medical malpractice Experts in Attorney Malpractice. Legal malpractice occurs when a lawyer commits an error, omission or breach of duty to the client or the justice system that results in a negative legal outcome or monetary loss for the client or a third party. To be considered malpractice under the law, the claim must have the following characteristics

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  1. The full list of examples of medical malpractice is far lengthier than just the most common cases laid out here. If you suspect that your healthcare provider may be liable for medical malpractice, the first thing you should do is to get in contact with a lawyer, to see if you have a case
  2. Cleveland medical malpractice law firm Ryan, LLP doesn't want you to pay for someone else's carelessness or negligence. Ryan, LLP can help you with medical malpractice action involving children. (216) 238-5658. (216) 238-5658. a few examples to take legal action against a doctor, hospital or medical facility
  3. Anesthesia Malpractice Cases Examples. and this is best done by contacting an experienced medical malpractice law firm. An experienced medical malpractice attorney will review the records of healthcare professionals and may order additional tests and exams

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  1. For example, a lawyer's failure to file a lawsuit before the statute of limitations expires can support a legal malpractice claim
  2. This type of medical malpractice committed by a physician or obstetrician can happen during pregnancy or childbirth. Two primary kinds of negligence may occur concerning fetal and childbirth injuries: Negligent prenatal care. Examples include a healthcare provider failing to diagnose a mother's medical condition, detect birth defects.
  3. Legal malpractice can occur for a number of reasons and affects every area of law. To better understand the types of legal malpractice claims, the American Bar Association (ABA) recently completed a study of 42,076 legal malpractice claims filed in the United States between 2000-2007. In that study, the ABA found that over 44 percent of all legal malpractice claims were due to one of the.
  4. Example of an Attorney Malpractice Expert Affidavit. Here is an example of an affidavit that would be signed by the plaintiff's attorney: I am the Plaintiff's attorney. The facts of the case have been reviewed by me with an expert whose qualifications provide a reasonable expectation that the expert's opinions could be admissible at trial.
  5. Third, the attorney's conduct must have caused you damage, and finally, you must have suffered financial losses as a result of your attorney's actions (or inaction). An Example of Legal Malpractice. As an example, let's assume you slipped and fell in a restaurant because the floor was wet
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218 The Journal of the Legal Profession couraged to perceive attorney malpractice as more than it really is. A jury award of $10,574.81 in compensatory damages and $25,000.00 in punitive damages was upheld by a New Mexico court.8 Rodriguez sued his attorney for malpractice and fraud aris COMPLAINT FOR LEGAL MALPRACTICE THE DECKARD LAW FIRM Diane C. Deckard, Esq. (SBN 99632) 96 North Third St., Ste. 350 San Jose, CA 95112 Telephone: (408) 971-4359 Facsimile: (408) 971-4357 Attorney for Plaintiff Ecast, Inc. IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO ECAST, INC. Plaintiff, vs Some lawyers representing plaintiffs have mistakenly assumed that if the previous lawyer blew the statute of limitations, then the liability is a foregone conclusion. Far from it. In malpractice arising out of litigation, the subsequent legal malpractice action is, in reality, a case within a case. (Ambriz v Anesthesia Malpractice Examples. The following examples of medical malpractice cases involving anesthesia can occur both before and during a surgical procedure. Pre-Operation Errors. Before an operation, the anesthesiologist must both communicate with patients and perform a thorough review of their medical records and history

A typical example of negligence occurs when an attorney fails to file a case before the statute of limitations expires. Missing the deadline bars the client from filing a claim. In their malpractice claim, the client must prove that they would have won their case if it was filed on time Your lawyer has a duty to provide you with quality legal advice and representation; anything that compromises this duty may be grounds for an attorney negligence lawsuit. Common examples of legal malpractice include: Failure to apply the law. Your attorney should fully understand your rights and obligations under the law How to Sue a Lawyer for Malpractice. If a lawyer mishandled your case, you might be able to sue them for malpractice. But before you sue, make sure you do the following: Gather enough evidence to show your attorney was negligent; Fire your attorney and get a new attorney experienced in legal malpractice claim The law considers sexual misconduct a breach of the standard of care, for example. The psychologist's actions resulted in a physical or mental injury. Patient harm in a therapeutic malpractice case can at times present challenges to prove because the victim was seeking mental health treatment, so it may require demonstrating that the. EXAMPLES OF LEGAL MALPRACTICE INCLUDE: Missing filing deadlines or allowing a statute of limitations to pass without filing a case.; Not understanding the law or other issues surrounding a case. Stealing money held in escrow for a client

Examples of Medical Malpractice? - DeSalvo Injury Lawyer

Examples of Negligence: These are a few examples of negligence cases found in personal injury law. Medical negligence. This is part of medical malpractice. If a patient was not rotated properly and ended up with serious bedsores that resulted in a life-threatening sepsis infection. Medical errors by a nurse or pharmacist. Nursing home neglect. Let's take a look at three examples of recent successful medical malpractice lawsuits. Tens of Millions Awarded in Compensation for Failed Diagnosis in Missouri In January 2019, the Missouri Supreme Court decided unanimously that a former Mercy patient living with a rare disease was owed tens of millions from the hospital for the health. A study conducted by the New England Journal of Medicine found that the average compensation for a medical malpractice claim is a little over $500,000. Speak with an Experienced Medical Malpractice Attorney. Each year, the lives of many people are seriously changed as a result of medical malpractice errors Example #1 - Central Pontine Myelinolysis Lawsuit. Richard visits the hospital complaining of dizziness and dehydration. He receives a diagnosis of hyponatremia, a condition caused by abnormally low sodium level in the body. The doctor then orders a nurse to administer to Richard a certain level of sodium every hour 9 Types and Examples of Medical Malpractice. Although medical malpractice lawsuits can be complex, they are fairly common in the United States. Negligence can occur in nearly any medical situation, from a regular office visit to a surgical procedure. There are many types of medical malpractice, nine of which are listed and detailed below

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Can You Sue Your Lawyer for Malpractice? LegalMatc

If your lawyer doesn't seem to be working on your case, sending a polite but firm letter laying out your concerns should get your lawyer's attention. Don't threaten to file a malpractice lawsuit or complain to the bar association; such threats will probably make your lawyer angry and defensive, not attentive. If your lawyer does not respond, or. Malpractice Lawsuits. The purpose of the state disciplinary board is to discipline lawyers, not necessarily to compensate wronged clients for their losses. If you're looking for compensation, a malpractice lawsuit is generally the way to go. However, legal malpractice lawsuits can be very difficult to win To speak confidentially with an attorney in a free legal consultation, call Bennett & Heyman at (410) 429-7856, or contact our law offices online. What is Psychiatric Malpractice in Maryland? Examples of mental health malpractice include, but are not limited to, the following: Abandoning or threatening to abandon the patien Common Examples of Medical Malpractice Claims. Failure to properly diagnose a disease or illness. Failure to properly monitor patients. Failure to properly treat the diagnosed disease. Surgical errors including wrong-site surgery or anesthesia errors. Failure to fully inform the patient of the risks of certain procedures and surgeries

Over 90 percent of all viable medical malpractice claims settle with liable insurers within two years. Contrary to dramatic television depictions, only about seven percent of medical malpractice cases end with jury verdicts. The best medical negligence lawyers are experienced negotiators who can maximize case settlement values while avoiding unnecessary litigation The medical malpractice lawyers at Hill & Moin LLP in New York will quickly determine if you have a strong medical malpractice case based on the information you provide. Call (212) 668-6000 - working with us means you have a NYC medical malpractice lawyer in the family. Examples of New York Medical Malpractice Malpractice is a type of negligence; it is often called professional negligence. It occurs when a licensed professional (like a doctor, lawyer or accountant) fails to provide services as per the standards set by the governing body (standard of care), subsequently causing harm to the plaintiff Doing so can help you recover fair and just compensation from someone who you trusted with an important legal matter. Schedule a free initial consultation with a legal malpractice attorney in Philadelphia from Weisberg Law today by contacting us online or calling (610) 550-8042

According to the American Bar Association, lawyers in private practice for less than 5 years report only 3.5% of malpractice claims, while lawyers who have been practicing for 11-20 years report 37% of claims. The explanation for this statistic is that new lawyers haven't been in practice long enough for claims to be discovered and reported 3. Medication Errors. Medication errors are one of the most common forms of medical malpractice and can occur many ways. For example, a doctor might make a mistake on the initial prescription, administer a drug inappropriately, or fail to take notice of a potentially harmful drug interaction. In a hospital setting, one common form of injury. Proving Dental Malpractice. Four key elements comprise the core of a dental malpractice claim. The first is the duty of care, which arises from a dentist-patient relationship. Whether or not this relationship exists usually can be easily determined. The patient must demonstrate the appropriate standard of care in the circumstances

Most Common Legal Malpractice Claims - Patrick Malone La

The medical malpractice lawyers of Crandall & Pera Law have years of experience helping surgical injury victims. We review each aspect of the case, negotiate fair settlements when reasonable, and try cases for juries when necessary to obtain a just recovery. Our attorneys have obtained millions of dollars in jury verdicts and settlements Malpractice Insurance Companies will fight these claims to the end; Depending on the type of malpractice, it can be difficult to prove. There are generally two different types of medical malpractice. The first is when a physician actually commits an act that is wrong. Examples of this type of case include What Makes a Great Illinois Legal Malpractice Lawyer? We are Illinois lawyers, who since 2001, have been offering legal guidance and attorney referrals. Call our office at 312-346-5320 or 800-517-1614 to speak with an attorney for FREE and get pointed in the right direction Legal Malpractice: A lawyer is obligated to comply with a code of ethics that is adopted by the state in which the lawyer practices. These rules, typically known as the Model Rules of Ethics, or Ethical Rules, address a lawyer's conduct in various situations. A lawyer has a duty, in all dealings and relations with a client, to act with. Regardless of the particular occurrence, these are all examples of dental malpractice that can be mitigated by a skilled dental malpractice attorney in Florida. Call for a free consultation. (954) 633-8270 o

For more information about your legal rights in a medical malpractice case, call Thurswell Law today at (866) 354-5544. Our experienced and aggressive Michigan medical malpractice attorneys will help you obtain the maximum compensation that you deserve. Wrong Side Surgery: A Medical Malpractice Example When we look at judicial practices that should absolutely garner national attention for the depth of disservice they do to people this Maine medical malpractice issue is an excellent example Examples of legal malpractice include: Taking a case despite a conflict of interest. Stealing from clients. Breach of fiduciary duty. Missed deadlines. Failure to follow instructions. Inadequate preparation. Asserting incorrect claims or defenses. Failure to introduce evidence Over the years Joseph, Greenwald & Laake successfully resolved many cases involving medical malpractice for adults, children and newborns. As examples - the following is a list of some of the types of medical malpractice cases the firm has successfully handled. If you or someone you care about has been injured due to the negligence of a doctor, hospital or other medical provider, one of our. 5 Examples of Medical Malpractice and Medical Negligence Legal Cases April 9, 2020. Written on behalf of Liddon Law Firm. We'd like to believe that we can live problem-free, but there are many awful things people endure in their lifetimes

The following are real-life examples of attorney misconduct in Indiana this year. It should be noted that these were all disciplinary cases - not claims alleging legal malpractice . However, generally speaking, given the right (or wrong) set of facts, the conduct involved in each case could also give rise to civil claims by the affected clients Contact an Ohio medical malpractice attorney at Robenalt Law today to schedule a free initial consultation to discuss your case. Call 216-223-7535, complete our online form, or email trobenalt@robenaltlaw.com. Tom Robenalt started his litigation career representing doctors and hospitals at a large firm in Cleveland

RECOGNITION: Chambers USA: Guide to America's Leading Lawyers for Business, Appellate Litigation (2006- ) The Best Lawyers in America, Appellate Practice (2007 - ), Houston Appellate Practice Lawyer of the Year (2014) Texas Super Lawyers, Top 100 Lawyers in Texas (2006 - ), Appellate Law (2003 - Here are a few examples of when attorney negligence can amount to malpractice: An attorney with no experience in personal injury law takes a personal injury case. The attorney fails to assert a claim that likely would have been successful for the client. The client misses the opportunity to bring the claim. A breach of contract claim proceeds. Medical Malpractice: Examples Cases. Lemer & Company wins significant medical malpractice trial 2019.02. Medical malpractice lawyers Bruce Lemer and Felicity Schweitzer represented the plaintiff in a complex medical malpractice case, Baglot v. Fourie, in which a young man was prescribed a powerful non-steroidal anti-inflammatory drug that. Examples of attorney conduct generally held to be negligent across all jurisdictions include failing to meet deadlines, not complying with court orders, or simply failing to work on a case. Proving the Action Caused Harm. The third and fourth elements of a legal malpractice claim are closely related For example, if a client hires a lawyer to file a lawsuit, then stops communicating with the lawyer and hires another lawyer to file the same lawsuit, the fact that the first lawyer fails to file the lawsuit on time may not be the proximate cause of the plaintiff's damage because the other - more recent lawyer - also failed to file the same case

When Does a Mistake Become Legal Malpractice

Examples of Medical Malpractice in Physical Therapy Author: Mesriani Law Group Posted on: April 12, 2019 Medical malpractice is one of the most unfortunate things you can experience in your life Hollingsworth Kelly Law Firm FEATURED. Hollingsworth Kelly Law Firm is a personal injury law firm in Tucson with a focus on medical malpractice cases. Its team of attorneys brings a combined 50 years of experience representing victims of personal injury due to the negligence of others Our legal malpractice attorneys can help you sue your former negligent attorney. Negligent attorneys should be held liable for their actions. If you hired an attorney to help you, but their mistakes and oversight hurt your case, give us a call. 303-688-0944 Let us help you recover your money

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  1. Our North Carolina dental negligence lawyers have the skills and experience needed to handle the full range of malpractice claims. Some common examples of dental malpractice cases include: Botched extractions: A tooth extraction is a complex procedure; it must be executed with proper care and high technical skill
  2. Medical Malpractice Lawsuit Examples. Since medical malpractice lawsuits are typically filed by individuals against individuals, they don't make as many headlines as corporate lawsuits like those involving baby powder or Roundup weed killer. Even so, we've gathered a few relevant examples from our covered lawsuits to make it easier to.
  3. For example, as a premises liability and a legal malpractice firm, we could effectively handle a malpractice suit involving a slip-and-fall case. Attorney Greg Brod is proud to practice as a legal malpractice lawyer in Oakland, San Francisco, and Santa Rosa. If you have been a victim of legal malpractice, please call
  4. Speak to a medical malpractice lawyer to learn more about your options for a medical malpractice case in Martinsburg, WV. Examples of Medical Malpractice or Negligence The first step in recovering compensation for your losses is identifying the presence of medical negligence or malpractice
  5. In malpractice cases that involve a lack of informed consent, the patient must have suffered actual harm, but the patient's attorney doesn't need to prove that a healthcare worker deviated from the standard of care. So, for example: A heart surgeon performs an operation to replace a patient's valve

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  1. Dismuke Law has considerable experience with legal malpractice claims involving unethical and negligent personal injury and wrongful death attorneys. We believe in your right to competent legal counsel, and we will fight to expose instances of malpractice. Contact a Lakeland legal malpractice attorney at our firm today by calling 863-292-6922
  2. For example, under Maryland law, a legal malpractice claim begins to accrue at the time of the verdict, not when the court's ruling is affirmed on appeal. If you would have a legal malpractice case in the Baltimore Washington area that you want to discuss with one of our lawyers, call us for a free consultation at 800-553-8082 or get a free no.
  3. Sweeney Merrigan Law, LLP is committed to fighting for patients in Boston harmed by medical malpractice. Our Boston personal injury lawyers include a former Trial Judge of the Year and have been named one of the state's Most Powerful attorneys by Massachusetts Lawyers Weekly
  4. After the malpractice lawsuit, Dana Carvey settled on $7.5 million lawsuit from the hospital and the surgeon. 3) Leaving Surgical Tools Inside the Patient. There have also been some examples of medical malpractice involving surgical tools or accessories left in the patient when the surgery was complete. In 2000, Donald Church was having a tumor.
  5. Term Definition Attorney Malpractice - a breach of contract or tort by a lawyer when he or she breaches his or her duty to care to a client or third party. Application in Divorce Many legal observers believe changes in divorce law in the past thirty years have put lawyers more at risk of malpractice suits. No-fault divorce, combined with equitable distribution, has shifted the emphasis from.
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Malpractice - Definition, Examples, Case

For example, if a surgeon leaves a sponge or surgical tool inside a patient, the surgeon's carelessness violates a basic standard of care. Likewise, if an attorney fails to file a lawsuit for a client within the time limits required by law, the attorney may be charged with negligence. Medical Malpractice In this example of medical malpractice, the experienced attorney delivered bad news, but saved months, or likely years, of litigation and heartache. Damages for Medical Malpractice. When a person is able to prove that medical malpractice occurred and caused harm, he may be awarded monetary damages for medical malpractice Some common examples of medical malpractice cases include failure to diagnose or misdiagnose a patient, failure to avoid injury at birth, surgical errors, poor aftercare, and prescribing incorrect drug doses. In general, most of the medical malpractice claims fall into one of these categories: Failure to diagnose; Improper treatmen Legal Malpractice in Las Vegas, NV. The vast majority of attorneys act ethically and diligently representing the interests of their clients. But what happens when you hire a lawyer who has a conflict of interest, makes errors in your representation, is negligent or breaches his or her fiduciary duty

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5 Examples of Medical Malpractice Cases, Medical

  1. The privity rule doesn't apply in tort cases that are distinct from legal malpractice. For example, Texas courts have recognized that non-clients can sue lawyers for negligent misrepresentation, fraud, or DTPA violations, if those causes of action would be sustainable against a defendant generally
  2. Medical negligence, commonly referred to as medical malpractice, can take many different forms. Depending on who caused the injury, medical negligence claims can be brought against hospitals, hospital staff, or directly against a doctor, nurse, or other healthcare professional
  3. For example, a lawyer may commit malpractice by: After being retained to file a claim or lawsuit, failing to file a case before the statute of limitations expires. Failing to respond to potentially dispositive motions filed by the opposing party. Failing to timely file a notice of appeal
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Examples of medical negligence include unnecessary surgery, failure to understand or recognize symptoms, and surgical errors, just to name a few. What is medical Malpractice? When it comes to medical malpractice , our definition is when a medical professional, such as a nurse, doctor, or pharmacist, fails to provide a patient with the accepted. Medical Malpractice Examples. Whether you have suffered a surgical error, were incorrectly diagnosed with a disease, or acquired an infection during a hospital stay, our legal team has the necessary experience to help you obtain the financial compensation you deserve. Our Indianapolis medical malpractice lawyers handle a wide variety of case types These and other examples of medical malpractice can have devastating effects. Victims may experience new injuries or worsened conditions. They may suffer rapid health deterioration due to a lack of proper, timely medical treatment and care and, in the most tragic of cases, victims may even die as a result of medical negligence What does malpractice mean? Performance, as by a physician or lawyer, that falls below the professional minimum standard of care or service for a pa..