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How Can I Prove Medical Malpractice in Indianapolis?

Oct 14, 2018 | Medical Malpractice

We trust our doctors to treat us with the highest level of care and to always offer—and provide—what is best for us. Unfortunately, there are many cases where doctors fail to care for us appropriately, and that is where medical malpractice comes into play.

Proving medical malpractice can be tricky — you can’t sue a doctor just because a surgery didn’t work as long as they did it correctly. However, you can sue them if the surgery they performed was the wrong option for your specific condition or you were injured during the surgery due to the doctor’s negligence.

No one ever wants to be involved in a medical malpractice suit, but when a doctor fails to do their job appropriately, it’s important that the patient gets the compensation they deserve so they can get additional treatment or pay for any pain, suffering or lost wages caused by that doctors’ negligence.

In order to prove that medical malpractice occurred, your case must include all 3 of these entities:

1.    It happened with a main doctor or long-standing physician: If you are passed onto a new doctor right before a surgery, it will be harder to prove your case. Negligence occurs when a doctor and a patient enter an agreement and the doctor fails to uphold his or her end of that agreement. This means that you must have a relationship with your doctor: either they are your primary care doctor, or they have been your surgical physician for a decent amount of time. You must have proof that you discussed and agreed upon your treatment option before the treatment took place.

 

2.    You were hurt: There are many side effects and negative aspects of all surgeries and procedures, and hopefully, your doctor will explain these to you before you decide on a treatment option. If one of those occur due to your treatment, it’s unfortunate, but you won’t have the grounds to pursue a medical malpractice case. Instead, you must prove that you were injured outside of those parameters, for example, you lost a limb or attained a deformity that wasn’t a direct result of the treatment, but rather the doctor who performed it.

 

3.    Negligence occurred: This is the hardest part of a medical malpractice case. As mentioned, just because a surgery didn’t go as planned, doesn’t mean it was malpractice. Instead, you must prove that the doctor caused your extensive injuries or unrelated harm and that those injuries could have been avoided if you used another doctor. The best way to prove negligence is to have your attorney hire a similar doctor or physician to testify that if they had done the surgery or procedure, the injury wouldn’t have happened.

All three of these items are difficult to prove, and having an attorney on your side is sometimes the best way to ensure you get what you deserve in a medical malpractice case. The attorneys at Stewart & Stewart have helped many victims of medical malpractice get the compensation they deserve after an injury due to the negligence of a trusted healthcare professional. If you wish to pursue a medical malpractice case, give us a call at 1-800-33-33-LAW or visit our website for more information.

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