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Hospital Slip & Fall Injuries Lawyer in Indiana

Representing Clients in Doctor’s Office Slip & Fall Injury Cases

Falling at a hospital, doctor's office or health clinic can be the most frustrating of all slip and falls or trip and falls in Indianapolis or the rest of the State of Indiana.

If your slip and fall or trip and fall case occurred while you are considered a patient and the medical provider is a "qualified healthcare provider" under the Indiana Medical Malpractice Act, then you will be required to file your claim first with the Indiana Department of Insurance. That department will then require you to form a panel group of three physicians who will review your claim and vote whether the slip and fall was caused by a negligent medical act -- rather than a negligent premises act or omission.

Not only does this add years to the resolution of your case (empaneling a panel of doctors takes lots of time and expense), but the standard of care is also much different and can be more difficult to prove that your doctor made an error while performing a "medical" act that led to your slip and fall -- rather than proving the property itself had a dangerous defect that led to your fall.

Even worse, you cannot bring your case in front of a jury without:

  • a favorable panel opinion by the three doctors
  • an expert witness that you hire to review your case that gives an opinion that negligence occurred

Consequently, it is very important to hire an attorney like Attorney Jeff JJ Shaw who has 30+ years of experience in reviewing slip and fall or trip and fall cases in Indiana hospitals and can determine whether the negligent act or omission that led to your hospital fall was medical malpractice or premises liability.

If there is no evidence that a health care professional was involved in the cleaning of a facility or the transportation of a patient to his or her home, then the Medical Malpractice Act does not apply. Often, an employee of a healthcare facility will have the duties to mop a floor or clean a patient's room. If the mopping or cleaning was performed negligently, causing the patient to fall and be seriously injured, then those types of cases are clearly outside the scope of the Medical Malpractice Act. Those cases can be filed directly in state court and bypass the Indiana Department of Insurance. Of course, the decision whether a case is a premises liability case or an action involving medical malpractice rests with the Judge, not a jury, to determine early in the litigation of the case.

Perhaps this question comes up most often in the context of a patient who falls out of a hospital bed or off a gurney while being transported due to improper restraints or oversight. Those cases depend greatly upon the facts and what particularly led to the fall.

Call or text Shaw Law at (877) 225-5742 for all your slip and fall questions.

  • American Association for Justice
  • Indiana Trial Lawyers Association
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  • AVVO Client's Choice Award 2017
  • I Told Him He Now Felt Like a Member of Our Family More Than Our Attorney.

    “Mr. Shaw told me from the beginning that he would be willing to help me and my husband get justice. Through every step of the way, he explained what was happening and why.”

    - Stephanie B.
  • Your Law Firm Is Number One in Indiana. You Receive an A+ in My Book.

    “I was very satisfied with the outcome. Your law firm is number one in Indiana. You have a very kind, professional attitude that's full of compassion. You receive an A+ in my book. Thanks again for all your help.”

    - April H.
  • Mr. Shaw Was Incredibly Helpful and More Than Willing to Explain

    “Mr. Shaw was incredibly helpful and more than willing to explain how he was thinking each step of the way. His diligence in returning my communications and exploring my legal options was greatly appreciated.”

    - Michael R.
  • Wonderful, So Very Helpful and Thoughtful

    “Thank you so much for all your expertise concerning my fall. I really do not know how I could have settled matters without you. I really appreciate the check. You have been wonderful and so very helpful and thoughtful. Again, my sincerest thanks.”

    - Dominique P.
  • Mr. Shaw Was a Complete Professional

    “We were clients of Shaw Law Offices with Mr. JJ Shaw as our lawyer. We would like to take this opportunity to tell you what a thoroughly outstanding job that he did for us in our personal injury case.”

    - Chappie H.

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