You have the right to trust your doctors, the medical staff, and the medical facility to provide treatment and medical care that will not cause you harm. Unfortunately, bad things happen because doctors and medical staff cannot prevent every bad result even with the highest level of medical care. Sometimes bad things just happen because certain illnesses and injuries cannot be healed with the medical technology available today. This is unfortunate and tragic but it is not medical malpractice.
Some bad results are due to negligence or mistreatment. Medical malpractice does occur and it is a very serious matter that should be investigated by an experienced personal injury attorney. Holding a medical professional accountable when medical malpractice is committed is your right under Indiana’s medical malpractice laws.
What is Considered Medical Malpractice in Indiana?
The first step in determining if you have a medical malpractice claim is to understand what constitutes medical malpractice in Indiana. A medical provider commits medical malpractice when the provider fails to do something the provider should have done OR the provider does something the provider should not have done. This is often referred to as “violating the standard of care.” The “standard of care” is measured in terms of what a reasonable, competent doctor would have done in a similar situation.
In order to prove medical malpractice in Indiana, you must prove the following elements.
- The medical provider owed a duty of care to the patient;
- The medical provider breached that duty of care;
- The patient suffered an injury;
- The injury was a direct result of the breach of the duty of care; and,
- The patient suffered damages due to the injury.
Damages you may be entitled to receive in an Indiana medical malpractice claim include medical expenses, lost wages, rehabilitative services, loss of earning capacity, and other out-of-pocket financial losses. Non-economic losses you may be compensated for include physical pain, scarring, disfigurement, mental anguish, emotional stress, and loss of enjoyment of life.
Do I Sue the Doctor or the Hospital?
It is sometimes difficult to determine who you should sue for medical malpractice when the malpractice occurs in a hospital. Do you sue the doctor, the hospital, or the medical staff? It really depends on several factors such as:
- Who was responsible for the event that caused your injury?
- Was the doctor an employee of the hospital or just an independent doctor with privileges to practice at the hospital?
- Was the medical staff person employed by the hospital or another employer?
In order to determine who to sue for medical malpractice, your attorney must conduct a thorough and complete investigation into the facts and circumstances surrounding your injury. In some cases, several defendants may be named in a medical malpractice case. Identifying and naming the correct defendants is essential if you are to receive the compensation you deserve for your medical malpractice claim.
What Should I Do If I Have Been Injured by a Medical Provider?
If you believe you or a family member is the victim of medical malpractice, do not panic. Remain calm and talk to your medical provider. Ask for an explanation of why something happened. Do not assume because a doctor or other medical provider admits to a mistake that you have won your case — you still must prove all of the elements of medical malpractice.
Do not sign any releases, statements, or provide recorded statements to anyone regarding the matter including your doctor, the hospital, their insurance companies, and their attorneys. Do not discuss the matter with anyone else. Gather all information you have regarding your treatment including copies of medical records, prescriptions, instructions provided by staff or doctors, dates of appointments, forms you signed, and any other evidence you may have related to the medical treatment.
Contact our office as soon as possible. Medical malpractice claims are extremely complex because of the Indiana’s medical malpractice laws. Only an experienced Indiana medical malpractice attorney has the knowledge and expertise to handle a complex legal matter such as a medical malpractice claim.
Do Not Wait to Call a Bloomington Medical Malpractice Attorney
You need to act quickly to protect your right to receive compensation for medical malpractice claim. Contact The Ken Nunn Law Office 24/7 through Live Chat online or call 1-800-CALL-KEN or 1-800-225-5536 for a free legal consultation.
We care about your injuries and your recovery. Your case is important to us. Let our medical malpractice lawyers protect your rights while you focus on your health and well-being.