If you suffered harm due to the negligence of a physician or other health care provider, proving liability is crucial to obtaining a settlement successfully. State laws protect residents by allowing them to pursue compensation through medical malpractice claims if doctors stray outside the acceptable standard of care, causing patients harm.
A lawsuit could allow you to hold the responsible party accountable and cover other expenses while you recover from your injuries. If you cannot return to work, you can also sue for loss of earning potential. Contact our knowledgeable medical malpractice attorneys for information regarding liability in Brownsburg medical malpractice claims.
Establishing fault in medical malpractice cases requires you to prove the existence of the four elements of liability. These include the following.
Duty of care requires that you demonstrate that a doctor-patient relationship existed at the time of the malpractice. This relationship creates a duty of care for the provider to offer you the professional standard of medical care. You can satisfy this component with medical bills and other documentation from the provider’s office.
Breach of duty requires showing that the health care provider’s conduct or actions fell below the accepted and applicable standard of professional provider care. They must meet a certain level of skill and diligence that other providers in the same or similar fields would provide patients in similar situations. You can prove they did not do this by showing that they failed to notice signs of an illness, mistreated test results, or made an error during surgical procedures.
Causation requires your claim to prove that the physician’s breach of duty was the direct cause of the injuries you suffered while in their care. You must show that your damages were the result of the defendant’s negligence, not other factors such as pre-existing conditions.
The last component of liability is evidence that you sustained actual, compensable damages as a result of the negligent medical care you received. These may include additional medical issues and expenses, physical pain, mental distress or anguish, and lost earnings.
Evidence can consist of your medical records, hospital bills, and expert testimony, or certified affidavits. A knowledgeable Brownsburg lawyer can review your case specifics and answer your questions about liability in medical malpractice cases and the evidence needed to satisfy each element.
Winning damages for medical malpractice requires establishing the four elements of fault and complying with the rules set forth by state law. Under the Indiana Medical Malpractice Act, you must prepare the case, including the pre-suit requirements, within the statute of limitations for malpractice claims.
The pre-suit requirement involves a medical review panel composed of three doctors practicing similar fields of medicine who review your case to determine whether there was a breach of duty. The panel reviews your complaint and then issues an opinion on the merits of the lawsuit. A skilled Brownsburg lawyer can build a strong case proving liability in a medical malpractice claim.
State law allows patients to pursue a civil lawsuit against physicians and other health care providers if the medical treatment they received caused them injuries through negligent actions or omission. You can hold a health care provider legally and financially accountable if their actions or inactions caused you bodily harm and other damages.
Call our office to schedule a consultation with a qualified lawyer to review your case and learn more about liability in Brownsburg medical malpractice claims. Please reach out soon to ensure there is ample time to prepare before the statute of limitations expires.
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The financial burden that often comes with a serious injury can be too much for many people to bear. Unexpected medical debt, damaged personal property, and the sudden loss of income can impact the budgets of most families. The good news is that a successful injury claim could help reduce that financial strain after a serious accident. Get in touch with a Terre Haute personal injury lawyer with Fleschner, Stark, Tanoos & Newlin to learn more.
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