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Proving the 4 Required Facts in Medical Malpractice Claims

Sep 13, 2017 | Medical Malpractice


When a person is injured or becomes ill after receiving medical treatment or attention, they may be able to file a claim for medical malpractice. But to have a valid case, four facts must be proven: an injury occurred, a doctor or hospital was responsible for providing care, a doctor or hospital caused the injury, and a doctor or hospital failed to provide a level of care consistent with acceptable medical standards.

On the surface, proving those four facts may seem simple, especially when patients are seriously injured while under the care of physicians and other healthcare providers. But hospitals and private clinics are adept at protecting themselves from medical malpractice cases, and obtaining evidence can be difficult.

At Stewart & Stewart, we assist injured patients by:

  1. Establishing that the injury occurred – Medical records and expert testimony can help establish that your injury occurred when you received medical treatment and that it wasn’t due to an unrelated illness or accident.
  2. Establishing that the doctor or hospital provided care – Again, collecting medical records and charts, as well as hospital admission dates, can serve as valuable evidence to prove that you received care on the date the medical malpractice occurred.
  3. Establishing that the doctor or hospital caused the injury – Injuries that are consistent with a specific procedure or mistakes during the procedure can be traced back to a specific admission date at the hospital or treatment at a private clinic.
  4. Establishing that provided care wasn’t up to standards – Healthcare providers are supposed to follow strict routines and processes and document the steps they take. If they fail to do so, patients like you can suffer serious injuries.

Our Indiana medical malpractice lawyers know what to look for when patients are harmed by healthcare providers, and we know how to build claims that get results. Contact us today for a free consultation.

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