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Be ready to substantiate your medical malpractice claim

When you entrust your health care to a licensed physician, nurse or practitioner, you can reasonably expect that those caring for you will provide any and all treatment necessary to maintain or restore good health. If you have a particular condition that requires surgery to rectify, there's an obvious personal risk involved with undergoing treatment. However, even leading up to, during and following surgery, you are entitled to high quality care, according to accepted safety standards and existing industry protocol and regulations.

If you suffer injury because a care provider was negligent, you shouldn't have to bear the financial consequences associated with the situation. If a surgeon mistakenly leaves gauze or some other object inside your body during surgery, you should not have to pay for the additional surgery needed to remove the object. Medical malpractice laws are quite complex, and the burden of proof is on the plaintiff, so if you're considering pursuing litigation regarding a medical negligence incident, it's always best to seek clarification of Indiana laws ahead of time.

Get the facts before taking action

Convincing the court that a licensed medical professional or entity was negligent in your care, thus resulting in injury can be quite challenging. A key factor to substantiating your claim lies in knowing your rights ahead of time and understanding what resources are available to help you get the support you need. The following information may be applicable to your current circumstances:

  • State laws vary regarding medical malpractice. Many states require a certificate of merit before filing a medical malpractice claim. Indiana does not, although you will likely have to submit your proposed complaint to a medical review panel prior to litigation.
  • You must be able to show that the party you deem negligent owed a duty to you and failed to fulfill it, thus directly causing your injury.
  • A doctor who deviates from accepted procedures or standards may be held legally accountable for any injuries you suffer because of that deviation.
  • In a hospital setting, an employer may also be deemed liable for employee negligence. If a particular employee was working as an independent contractor at the time, then it may not be possible to name the hospital as a defendant. It's best to research such regulations ahead of time to avoid obstacles in court.
  • If a hospital grants privileges an independent contractor who was not properly licensed or competent, you may still be able to pursue legal accountability against the hospital itself.

Suffering medical injury due to care provider negligence can feel like utter betrayal. You trust licensed professionals to carry out their tasks and duties in a manner consistent with the obligations and responsibilities associated with their positions of employment. When you suffer injury in a situation that was entirely preventable, it's only right that the court holds liable any and all who failed in their duties.

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