Posted By Tara Worthley
What constitutes medical negligence can vary from case to case. It is important to know that just because something went wrong during a treatment or procedure and you ended up with an unfavorable result, that doesn’t mean the doctor committed medical malpractice. By answering the following questions, you can start to better understand what you will have to prove in order to have a successful claim.
STEP 1: Was a doctor-patient relationship present?
You need to establish that a doctor (or other healthcare professional) provided healthcare to you as the patient. Once a doctor-patient relationship is established, the doctor has a duty of care to you.
STEP 2: Did your doctor act in a careless manner or not as careful as required?
If your doctor was careless, or did not act as a reasonable doctor would, then this means the doctor may have been negligent. Negligence can come from doing something that should not have been done or not doing something that should have been done. However, the law does not require that the doctor or hospital acted intentionally. The law only requires that the doctor or hospital acted negligently.
STEP 3: Did the doctor’s negligence or carelessness result in an injury that caused harm to you?
You must show that the injury or harm experienced by you is a result of the action or inaction of your healthcare provider. If your injury or harm was not a consequence of the healthcare provider’s actions or inaction, a medical malpractice claim will likely be unsuccessful.
STEP 4: Are you suffering damages because of your injury or harm done to you?
You also must show that your injuries or harms resulted in damages, such as permanent and physical injuries, medical expenses, financial damages, disability, pain and suffering, or emotional anguish. Sometimes, even when medical malpractice occurs, it might not make sense to bring a claim if your injuries are “minor,” temporary, or heal with not permanent limitations.
It may be helpful to have an attorney help you evaluate each of these steps.
If you answered yes to each question, then you may be a victim of medical negligence and should consult experienced Indiana medical malpractice attorneys. The attorneys of Langer and Langer have handled all kinds of medical malpractice claims throughout the entire state of Indiana. Feel free to contact our offices if you have further medical malpractice questions about Indiana medical malpractice.