Indianapolis Medical Malpractice Attorneys
Fighting for Victims of Medical Negligence Throughout Indiana for Nearly 25 Years
When an unexpected accident or injury occurs, many people are unsure of what to do or where to turn. At Garau Germano, P.C., we have been helping victims of negligence exercise their legal right to a fair recovery for nearly 25 years. Our Indianapolis medical malpractice attorneys have extensive experience handling all types of medical negligence cases and have won record-setting victories on behalf of clients throughout the state of Indiana. We are prepared to answer your questions, address your concerns, and help you navigate the legal process.
While a large portion of our practice centers on medical malpractice, our attorneys also assist those affected by car accidents, defective products, catastrophic injuries, and wrongful death. No matter how difficult or complex your situation may seem, our firm is here to help you understand your legal options and work to secure the fair financial compensation you are owed.
Elements of a Medical Malpractice Case
Just because a nurse, doctor, surgeon or other medical professional makes a mistake, this doesn't necessarily mean someone has committed medical malpractice. On the other hand, not only direct medical team members but hospital officials and other administrators may be potentially liable for your injuries in certain situations. It is a complex area of law, which is why most medical injury victims seek outside support before heading to court.
As a plaintiff in a medical malpractice case, you must present enough evidence to convince the court that it should hold another party or parties legally accountable for your physical, mental, emotional or economic condition. The following list shows the type of evidence you must be able to show:
- You must first prove to the court that you indeed suffered some type of injury.
- Insofar as the defendant or defendants named in your claim, you must prove that each or all possessed a duty of care toward you at the time your injury took place.
- It is not enough to prove a fiduciary duty, however; you must also show that the person or people you have named as defendants failed to carry out the pre-existing duty of care.
- Finally, the judge overseeing your case will be looking for causation, meaning proof that a breach of fiduciary duty directly caused your injury. If the defendant/defendants would have acted according to accepted safety standards, would your injury still have occurred?
If you've survived a medical injury, you may be dealing with physical repercussions that last a lifetime or struggling through a recovery that causes you to take an extended leave of absence from your job, possibly placing your employment at risk. There is no reason you should have to carry the full financial burden associated with an incident that was not only preventable but caused you injury.