We help victims throughout the state of Indiana.

What Do I Need To Know About Medical Malpractice?

When you place your trust in a doctor or another health care practitioner, you expect that they will take good care of you. No one believes they will suffer an injury related to medical negligence. If you have, you probably have more questions than answers.

At Garau Germano, P.C., we help people in Indianapolis and throughout Indiana who have suffered damages due to medical malpractice. On this page, we answer some of the questions that we hear most often from survivors.

What is medical malpractice?

If a medical practitioner deviates from the standard of care expected in their field, they can cause serious injury to their patients. Medical malpractice refers to when a physician, nurse, hospital or another medical provider acts negligently when treating someone to whom they owe a duty of care.

What must be done to find that a defendant is liable for malpractice?

Proving liability in medical negligence cases is difficult. The standard you must demonstrate in court is strict. For a judge or jury to find someone liable for medical malpractice, you must show that the defendant:

  1. Owed you a duty of care
  2. Did not meet the standard of care expected of them
  3. This resulted in injury to you
  4. This injury left you with damages

The best chance you have of succeeding in your medical malpractice case is to work with an attorney who understands what is needed to prevail.

What should you do if you have received improper medical care?

These are the steps to take if you believe you are a victim of medical negligence:

  • Seek help from a different medical professional. A second opinion can be crucial to ensuring that you receive proper treatment. You might also need medical care to treat the illness or injury you suffered.
  • Begin gathering documentation. This could include your medical records, prescriptions, hospital bills, communications with your doctor and any other relevant paperwork.
  • Contact a skilled medical malpractice lawyer. You will need all the help you can get to recover fair compensation.

Receiving inadequate or improper medical care is discouraging, but you should not give up hope. Follow the aforementioned steps and you can begin the healing process and achieve a fair legal result.

What are common defenses to medical malpractice lawsuits?

Negligent medical professionals and their legal teams will have a bevy of excuses at the ready. Some of the most commonly used defense strategies include:

  • The care provided did not deviate from the expected standard of care
  • The professional did not have a provider-patient relationship with you
  • Your illness or injury did not result from their negligence
  • You are somehow partially or fully liable

It is unfair that the party who harmed you would try to blame you for your own illness or injury. Unfortunately, this happens all too often in medical malpractice cases.

Who/what are potential defendants in medical malpractice cases?

In a malpractice lawsuit, individual health care providers as well as health care institutions can be defendants. Some examples include:

  • Doctors
  • Nurses
  • Dentists
  • Chiropractors
  • Pharmacists
  • Hospitals
  • Clinics
  • Pharmacies
  • Pharmaceutical companies
  • Medical device companies
  • Testing labs

Sometimes, more than one individual or party contributes to an injury. Contributory negligence laws give you the opportunity to pursue a claim against defendants who may be partially liable for your damages.

What are common causes/reasons for medical malpractice?

A vast number of incidents can cause or contribute to a medical negligence injury, such as:

This is merely a short list of examples of medical negligence. If you believe you have experienced one of these or yet another type of negligence, you have the right to seek compensation.

Get Answers To Your Medical Malpractice Questions

If you think you might be the victim of medical negligence, please call us at 317-978-9973 or send us an email.