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What Counts as Medical Malpractice?

Steve Wagner

The American Medical Association designates Indiana as one of the most physician-friendly states. A major factor in the evaluation is the favorable malpractice environment. The average paid medical malpractice claim in Indiana was just under $135,000 in 2011, and this figure represents the lowest in the nation.

This however, is not a reflection on the state of Indiana’s health or medical care. The 2012 America’s Health Rankings placed Indiana at 41st place among all states. This is actually a drop from the 37th spot in 2011.

In Indiana, as elsewhere, thousands of people die in hospitals, and many patients find that their treatment has been ineffective. Some people’s injuries or ailments aggravate post surgery or medical treatment.

However, not all such cases count as medical malpractice, and become eligible for compensation under the Indiana Medical Malpractice Act. Invoking the medical malpractice law requires much more than simply an unfortunate medical result.

Generally, professional medical liability sets in when:

  • The doctor has diagnosed the illness or ailment incorrectly.
  • The medical practitioner delayed in providing the required treatment.
  • The medical practitioner undertakes faulty procedures when treating the patient.
  • The care provided to the patient is below the average standard of care required to be given.

It is not necessary that medical malpractice should have taken place with malicious intent, for a medical malpractice suit to be filed. Even genuine and honest mistakes count as malpractice and make the victim eligible for damages.

However, the case of professional medical malpractice holds only when damages are directly attributable to incorrect diagnosis, substandard care, or other instances, as the case may be. Again, the damages directly relate to the extent of suffering. For instance, if a doctor mistook appendicitis for kidney stone, causing a delay in appendicitis surgery, the damages would only be for the few extra days of pain. However, if the appendix had burst in the meantime, the damages would be substantial.
It invariably requires the services of a skilled Indiana medical malpractice attorney to find evidence that would stand up in a court of law, to build a strong case, and fight it out in court.

Wagner Reese has experienced and seasoned medical malpractice attorneys that can fight for your rights as a patient. Contact us at (888) 204-8440 for a free consultation with our Indiana medical malpractice lawyers.


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