Birth defects are something that no parent ever wants to experience. Before the baby is born, parents look forward to all the milestones their child will complete and adding a brand new member to their family—they never expect to have to deal with lawyers, doctors and an unfair diagnosis that their child has a defect caused by birth.

When birth defects do happen, though, it’s imperative that you contact an attorney to help you through the process. While you deal with the aftermath, you are probably asking yourself why this happened in the first place—a question your attorney can help you answer. While many birth defects are unavoidable and no one’s fault, a lot of them can be directly related back to medications taken during pregnancy, a negligent surgeon or doctor during or before birth or a missed diagnosis from an obstetrician. If a birth defect can be linked back to one of these things, you will have a lawsuit on your hands.

A birth defect can happen due to a number of different reasons, but the most common causes include:

• A prescription drug given to the mother while pregnant. The actual drug or the dosage amount could be to blame for a birth defect.
• Exposure to chemicals or dangerous toxins
• Failure to diagnose or properly treat a condition during pregnancy, labor or birth
• Failure to properly monitor a child during pregnancy
• Negligence during labor

A child who is exposed to these causes may be born with defects including club foot, cleft palate, brain and skull deformities, Spina Bifida, Cerebreal Palsy, heart defects and may even be born stillborn or suffer fetal death. If any of these can be traced back to negligence, medical malpractice or exposure, you’ll need an attorney to help you not only enter into a lawsuit, but to win it and get the help you need and deserve.

An experienced attorney will take the case out of your hands and pursue the law the on your behalf, taking into account your needs during this trying time. We will initially help you decide if you have a case to move forward with and from there, we will take the necessary steps to enter your claim and get you compensation as soon as possible.

Your family doesn’t deserve to deal with a birth defect, especially one that could have been avoided. Let us take this ordeal on for you so you can focus on raising your baby. For more information about how the attorneys at Stewart & Stewart can help you, contact us today at 1-800-33-33-LAW or visit our website for more information.

Acetaminophen is a popular drug used for a variety of illnesses and ailments. Most commonly found in Tylenol, Acetaminophen can also be found in prescription drugs and other over-the-counter medications. While many people can take Tylenol daily to treat things like headaches and muscle pain, others will have adverse reactions to the medicine, specifically when not taken correctly or when mixed with other medicines.

It may be shocking to know, but many people have overdosed or been severely harmed by the use of Acetaminophen—some cases of Acetaminophen overdose or wrongful use have even led to death. The most dangerous side effect of Acetaminophen use is liver damage, which often occurs when patients mix Acetaminophen with another drug or use too much Acetaminophen in one single dose.

Every body is different, but the FDA states that the recommended daily dose for Acetaminophen is 4,000mg per day for adults. There are differing accounts of this, with the maker of Tylenol actually saying that the dose should be limited to 3,000mg. Always talk to your doctor if you are prescribed, or plan to take, a dose this large in one day.

Symptoms of an Acetaminophen Overdose

Most people do not expect to have any side effects after taking a prescribed medication, especially one as common as Acetaminophen, and even more so when they are taking an over-the-counter medication like Tylenol. But, for those that do take Tylenol regularly or were prescribed a medicine that contains Acetaminophen, it’s important to know what an overdose may look like so you can catch it before it’s too late.

If you experience any of these symptoms, head to the doctor or hospital immediately.

• • Pain in your stomach area, specifically the upper right side
  • Vomiting or intense nausea
  • Loss of appetite or inability to stomach foods as usual
  • Dark urine
  • Extreme fatigue
  • A yellow tint to your skin tone
  • Excessive, uncommon sweating

If these symptoms are ignored for too long, they can lead to a swollen abdomen, mental confusion, jaundice or even cause a patient to fall into a coma.

What Can I Do If I am Harmed by Acetaminophen?

Unfortunately, the use of Acetaminophen can lead to illness and dangerous side effects even when taken as prescribed. If you or a loved one experienced liver damage, signs of overdose, fell into a coma or even died after taking a prescribed amount of Acetaminophen, you may be entitled to compensation for the pain and suffering, medical bills and lost wages. While the FDA stands strong on their recommendation to limit the use of Acetaminophen, many patients are still prescribed high doses or given the okay to take a drug containing Acetaminophen with another, causing an unintentional overdose or liver damage.

If this happens to you or a loved one, contact Stewart & Stewart immediately. The statute of limitations on this type of case is short, so waiting to file a claim could cause your case to be thrown out.

No one deserves to suffer after taking a medication that was meant to help him or her recover or relieve symptoms. Any medicine offered over-the-counter should be considered safe and the warnings and dangers surrounding it should be clear and readily available to all who buy or take the drug. For more information about how the attorneys at Stewart & Stewart can help you, contact us today at 1-800-33-33-LAW or visit our website for more information.

We trust our doctors to treat us with the highest level of care and to always offer—and provide—what is best for us. Unfortunately, there are many cases where doctors fail to care for us appropriately, and that is where medical malpractice comes into play.

Proving medical malpractice can be tricky — you can’t sue a doctor just because a surgery didn’t work as long as they did it correctly. However, you can sue them if the surgery they performed was the wrong option for your specific condition or you were injured during the surgery due to the doctor’s negligence.

No one ever wants to be involved in a medical malpractice suit, but when a doctor fails to do their job appropriately, it’s important that the patient gets the compensation they deserve so they can get additional treatment or pay for any pain, suffering or lost wages caused by that doctors’ negligence.

In order to prove that medical malpractice occurred, your case must include all 3 of these entities:

1.    It happened with a main doctor or long-standing physician: If you are passed onto a new doctor right before a surgery, it will be harder to prove your case. Negligence occurs when a doctor and a patient enter an agreement and the doctor fails to uphold his or her end of that agreement. This means that you must have a relationship with your doctor: either they are your primary care doctor, or they have been your surgical physician for a decent amount of time. You must have proof that you discussed and agreed upon your treatment option before the treatment took place.

2.    You were hurt: There are many side effects and negative aspects of all surgeries and procedures, and hopefully, your doctor will explain these to you before you decide on a treatment option. If one of those occur due to your treatment, it’s unfortunate, but you won’t have the grounds to pursue a medical malpractice case. Instead, you must prove that you were injured outside of those parameters, for example, you lost a limb or attained a deformity that wasn’t a direct result of the treatment, but rather the doctor who performed it.

3.    Negligence occurred: This is the hardest part of a medical malpractice case. As mentioned, just because a surgery didn’t go as planned, doesn’t mean it was malpractice. Instead, you must prove that the doctor caused your extensive injuries or unrelated harm and that those injuries could have been avoided if you used another doctor. The best way to prove negligence is to have your attorney hire a similar doctor or physician to testify that if they had done the surgery or procedure, the injury wouldn’t have happened.

All three of these items are difficult to prove, and having an attorney on your side is sometimes the best way to ensure you get what you deserve in a medical malpractice case. The attorneys at Stewart & Stewart have helped many victims of medical malpractice get the compensation they deserve after an injury due to the negligence of a trusted healthcare professional. If you wish to pursue a medical malpractice case, give us a call at 1-800-33-33-LAW or visit our website for more information.

What are the Most Popular Malpractice Cases in Indianapolis?

Medical professionals take the Hippocratic Oath to ensure that when someone seeks treatment, they give them all the reasonable care they need. In some cases, however, this does not always work out. Unfortunately, many complications or fatalities arise every year due to the negligence and violations of care standards by those in the medical field. Every life matters, and if that is not taken seriously, you might have a malpractice claim on your hands. To give real examples of medical malpractice, here are some cases that have occurred in Indianapolis.

Dr. Weinberger: America’s Most Wanted

This malpractice case is held as a very extreme and unique instance that attracted a great deal of media coverage. This case was not only followed closely in Indiana but also throughout the country. Dr. Mark Weinberger, a nose and throat doctor, was first sued in 2002 for malpractice after one of his patient’s died of throat cancer. The patient’s attorney claimed that Weinberger never diagnosed the woman, but instead insisted on an unnecessary sinus surgery. With a little more digging, the deceased’s attorney contacted several others, and before he knew it, had at least 25 other malpractice cases against Weinberger. At the news of this, Weinberger’s employees noticed a secret room that they deemed “the scary room” was slowly being emptied. It was filled with survival gear, and soon after, Weinberger fled to Europe. The original civil case filed by the deceased woman’s family was won, and Weinberger was sentenced to five years in prison and two years of probation.

Smith v. IU Health

Vincent Smith died in 2006, but it took nearly 10 years before his family was awarded $2 million. Smith had gone in for a surgical procedure at Indiana University Health Methodist Hospital to remove hardware that had been placed in him from a prior orthopedic surgery. He was then given a hefty dosage of various opiate pain medications. Following the administration of these drugs, Smith passed away due to an opiate combined drug intoxication. The case was brought to a jury before finally reaching a decision. In Indiana, there is a cap of $1.25 million to be awarded in damages for these cases. Despite winning more in this case, the Smith family can only claim that capped price. However, following the verdict, they claimed that this was just fine with them.

Neurosurgeon Abruptly Leaves

Neurosurgeons are notorious for having a high amount of medical malpractice cases, presumably due to the sensitivity and intensity of their specialty. In 2011, a patient of Dr. John T. Cummings of Community Health Network became permanently disabled after surgery. Apparently, a piece of equipment went into her spinal canal, leaving her paralyzed. She was awarded $1 million in 2014. One month before the settlement, Cummings left Community Health Network suddenly. It eventually came to light that since 2013, 15 cases were filed against him with only two of those being dismissed. For instance, one woman filed a lawsuit because she went to Cummings due to extreme leg and back pain. Cummings recommended surgery; however, after the surgery her condition became incredibly worse causing the need for more subsequent procedures. It was during this time of multiple procedures for the woman, that Cummings left. Searching for answers, the woman became one of those other cases filed in 2013. Following his departure, his patients were left with many questions, but Cummings still lives in the Indianapolis area and does have his license. As of 2017, it was reported that despite having his license, Cummings was no longer practicing.

Medical malpractice is a serious instance of negligence. If you lost a loved one or suffered an unnecessary complication due to healthcare negligence, contact a medical malpractice attorney at Stewart & Stewart. Give us a call at 1-800-33-33-LAW or visit our website for more information.

You make a point of taking care of your dental hygiene, seeing your dentist regularly and following up with any dental issues or concerns. Suddenly, though, your diligence has caused a serious injury or dental problem that you were not expecting due to your dentist’s negligence or lack of care.

While often a less common occurrence, dental malpractice is still a big entity of medical malpractice. Just as we expect our doctors to diagnose and treat our medical concerns, we trust our dentists to do the same. When a dentist fails to diagnose properly or timely, provides faulty dental work, or even performs dental work that is unnecessary for the purpose of gaining extra insurance money, they should be held responsible for malpractice.

But while this type of malpractice is common, it’s also quite hard to prove that your dentist was, in fact, negligent. An experienced attorney can help you make this distinction by helping you prove that either the dentist failed to provide the standard of care or intentionally committed a fraudulent or unreasonable act that in turn, caused your pain, suffering, or additional medical bills.

Many patients may feel that they can sue their dentist when a crown comes undone or when they do not like the care they received. But, unless your care caused you to truly suffer, you probably do not have a dental malpractice case on your hands. In order to consider a lawsuit, you must be able to prove one of these:

·         Injury or Pain Due to Negligence

Most dental procedures have pain associated with them, but that pain is still included in the standard of care. To prove malpractice, you must be able to show that the pain and suffering you are experiencing is out of that standard of care. If a nerve or tooth is damaged that wasn’t involved in the original procedure, or if the procedure failed because the dentist was not prepared for it, then you have a case on your hands.

·         Failed or Delayed Diagnosis

After your dental hygienist cleans your teeth, the dentist should come in to take a look at your mouth and make sure everything looks okay. If you are complaining about pain or discomfort, they should take the proper measures to truly understand what your issue is. If a dentist fails to do this properly, they could miss a major diagnosis, causing you to go untreated or treated improperly. This is dental malpractice.

·         Misconduct

Misconduct can include a lot of different acts, but if your dentist is acting inappropriately and fails to perform his or her duties as a dental professional, you may have a case on your hands.

If you have experienced any of these problems and feel you have a dental malpractice case, contact the experienced attorneys at Stewart & Stewart. For more information or to file a dental malpractice claim, contact us at 1-800-33-33-LAW or visit our website for more information.

Filing a medical malpractice claim requires experience, patience, and evidence.

At Stewart & Stewart, we know how hospitals, doctors, surgeons, and other healthcare professionals protect themselves from claims, and that’s why we’re able to provide high-quality legal representation for victims like you who were hurt by the negligence of others.

But we also know that even seemingly minor mistakes can jeopardize entire claims and make it difficult or impossible for victims to get the compensation they deserve. Two of the most common mistakes that medical malpractice victims make include:

1. Not keeping evidence related to the claim—Our Indiana medical malpractice lawyers will do everything they can to build your claim, but we also need information and evidence such as prescription medication bottles, the names of doctors and hospitals you visited, your initial reason for needing treatment or surgery, and when your treatments occurred.
2. Waiting too long to file a claim—The statute of limitations for filing a medical malpractice claim in Indiana is two years. But what’s more pressing is how quickly evidence can and will disappear, making it more difficult to prove that your healthcare provider failed to live up to expectations and responsibilities while treating you.

If you believe you were harmed by a medical professional or healthcare facility, contact us today for a free consultation. All we need are the basic facts and information, and we’ll handle the rest of your claim while you focus on getting better.