Unfortunately, medical malpractice is more common than you think. According to a study by John Hopkins Medicine in 2016, medical errors were a leading cause of death in the U.S. In addition, medical errors are often reported. If you or your loved one suffered due to medical malpractice, you have the right to file a lawsuit against the liable party. The Indiana law for medical malpractice can often be complex and difficult to understand. A medical malpractice lawyer can help you recover compensation for the damages.

What Is Medical Malpractice?

Medical malpractice includes a wide range of incidents. It refers to any situation where a doctor, nurse, medical staff, or other healthcare professional deviates from an accepted standard of care, resulting in harm to the patient. Medical malpractice is most common against an individual, such as a doctor, but it can also be against an organization or company, such as a hospital.

The harm to the patient could be in the form of injury or death. The accepted standard of care is the expected level of skill, competence, and experience of the medical professional.

Common examples of medical malpractice include:

  • Surgical error
  • Diagnostic error
  • Negligence
  • Delay in diagnosis
  • Anesthesia error
  • Birth injury
  • Errors in post-surgery care
  • Improper consent before surgery or medical procedure
  • Failure to diagnose a medical condition

Proving Medical Malpractice

A medical malpractice case focuses on proving the patient suffered harm as a result of negligence or wrongdoing of a healthcare professional. Establishing liability is often a major challenge in medical malpractice cases.

As a first step, you will have to prove that the hospital or healthcare professional had a duty of care toward the patient. This means the care they are supposed to provide should be consistent with the medical standards expected from such a situation.

For example, if a patient is going through an appendicitis procedure, they should be provided the same level of care that is provided to any person undergoing the same procedure. This includes the surgical decision-making, surgical technique, post-surgery follow up, and all other medical processes and procedures that are included as part of that surgery.

Once the duty of care has been established, then the next steps are to demonstrate that this duty was breached by the defendant and that the breach caused harm to the patient. Finally, the extent of the damages as a result of the alleged medical malpractice incident needs to be demonstrated. The damages can be economic, such as lost wages and medical expenses, or noneconomic, such as pain and suffering.

Benefits of Hiring an Experienced Medical Malpractice Lawyer

If you need to file a medical malpractice lawsuit, you’re welcome to contact us at the law offices of Wagner Reese. Our team will use their legal expertise and experience in medical malpractice cases to guide you each step of the way. Our Indiana attorneys for injury claims can also help you navigate through the negotiation and settlement process with the opposing party and gather all the required legal and medical paperwork needed for the case.