Medical practitioners have a responsibility to provide quality medical care. When they fall below a reasonable level of care, patients may become subject to medical malpractice. Michigan City medical practice lawyers could advise and assist you through the legal process should you find it necessary to file a claim.
If you have experienced medical malpractice and suffered injury, a competent personal injury attorney might be able to help you determine the best strategy to recover for your injuries so that you can focus on improving your quality of life.
If a medical procedure does not achieve the desired result, does not necessarily amount to medical malpractice claim. Indiana Code §34-18-2 requires that the plaintiff show that negligence caused an injury in order to have a valid claim. For example, if the doctor diverged from industry norms during a procedure, that could constitute negligence.
The patient must be able to show that they suffered direct damage or injury as a result of the doctor’s or provider’s actions. Patients often suffer scarring, disfigurement, permanent or temporary disability, loss of function in a particular area of the body, some type of impairment, or other injuries.
Indiana caps the amount of damages that can be recovered in medical malpractice suits at $1,650,000. In an effort to help keep medical malpractice insurance down for providers, the state legislature also created a Patient Compensation Fund to assist in the payment of damages to those who were injured.
In order to achieve any manner of financial recovery in a Michigan City medical malpractice case, the claimant must show that the physician, nurse, or other medical provider acted negligently. Several unique factors must be established to prove that medical negligence occurred.
A physician-patient relationship must have existed prior to the alleged malpractice, thereby imposing a legal obligation upon the doctor. A physician has a duty to their patients to apply the accepted medical standard when providing their care.
If a duty of care was present between the doctor and the patient, the claimant and their local medical malpractice attorney would then need to show that the physician breached this standard of care. When determining whether a physician’s actions constituted a breach of duty, the court would examine the actions of the doctor in comparison to the medical standard of care. If the physician failed to act as a reasonable physician would have under the same or similar circumstances, the court could determine negligence occurred.
Even if the physician’s actions constituted negligence, there must be causal relationship between their negligence and the claimant’s injuries. If the doctor did not live up to the medical standard of care, but their actions were not the reason the claimant was injured, the claim would likely be dismissed.
On the other hand, if the doctor’s breach of the medical standard of care was the proximate cause of the claimant’s injuries and subsequent losses, the court could hold them liable for damages. A nearby medical errors attorney could carefully investigate the facts of someone’s injuries and review their medical records to assess whether the provider’s negligence was the reason for their harm.
Medical diagnoses and procedures often come with a certain level of risk, but that should not shield a caregiver if they were deliberately or negligently responsible for a serious injury of one of their patients. A Michigan City medical malpractice lawyer might be able to help you decide on the best strategy to recover damages. Schedule a consultation today to learn what options might be available to you.