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How to Prove Medical Malpractice

Wagner Reese

a doctor performing surgeryMedical practitioners, including doctors and nurses, are required to uphold a certain standard of care when treating patients. When they fail in this fundamental duty, patients may be seriously harmed or even killed as a result.

Learn what constitutes medical malpractice and how to prove a medical practitioner’s negligence.

What Constitutes Medical Malpractice?

Medical malpractice involves a medical error that was either a negligent act or a failure to act. Examples of medical malpractice include, but are not limited to, the following:

  • Misdiagnosis or delayed treatment

  • Surgery errors

  • Medication errors

  • Medical record mistakes

  • Birth injuries

How to Prove Medical Malpractice

In order to prove medical malpractice, several elements must be established, including the following:

  • Duty: The medical practitioner owed the patient a duty of care acceptable by medical standards.

  • Dereliction: The medical practitioner failed in this duty of care.

  • Damages: The patient suffered an injury.

  • Direct cause: The medical practitioner’s failure in the duty of care directly led to the patient’s injury.

Harmed by Medical Malpractice? Contact Us Today

If you or someone you love has been harmed by medical malpractice, our Indianapolis attorneys are here to help. At Wagner Reese, we have decades of experience fighting for those injured by medical practitioners’ negligence. We’re here to fight for you, too.

Contact us today at (888) 204-8440 to learn how we may assist you.


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