Medical malpractice happens more common than you should think. This happens when you, a patient, are harmed by a doctor or medical professional who was not able to perform a medical procedure or duty properly, putting you in danger. In this case, you can file a medical malpractice claim.
But, as with most legal cases, a medical malpractice claim has certain rules and principals. You need to consult a medical malpractice Indiana lawyer to know if your claim has legal bearing or not.
So when should you consult a medical malpractice lawyer? Here are some tips:
Basic causes and cases
You should consult a medical malpractice lawyer if your case fits all the requirements for a claim.
First, you need to prove that you have a doctor-patient relationship. This means you should have hired the doctor for medical consultation or procedure. This also means the doctor should have agreed to be hired by you. You cannot file a claim if you simply heard advice outside a formal professional setting—for instance, you heard the advice during a party. The doctor needs to be treating you professionally.
There has to be negligence on the doctor’s party. This means the doctor should have done an error in connection with his service. You can file a claim if you are just not satisfied with his service. In addition, the negligence should have caused the injury in question directly. You cannot sue because the patient died; you can only sue if the death was caused by the doctor’s negligence.
Lastly, you need the negligence that should have led to an injury with specific damage to you. You cannot sue if the doctor’s negligence did not cause you harm or injury. Types of injury a patient could sue for include physical pain and mental anguish. Also, any loss of income due to the injury caused by the doctor’s negligence can be a basis for the claim as well.
Types of malpractice
Besides, there are several types of medical malpractice Indiana—which is why you must contact lawyer if you need more clarity regarding the manner.
The most common malpractice type is an improper treatment when a medical professional treats or does a medical procedure incorrectly.
It is also medical malpractice if the doctor fails to diagnose you, which led to injury or harm. For instance, if the failure led to you being more sick or injured when a proper diagnosis may have easily fixed your health issues, it is malpractice.
A trickier case is when the medical professional fails to warn you of any known risks concerning your condition regarding your treatment or procedure. For instance, if you went through surgery without knowing the risks involved.
Other cases may not fall into these categories that call be considered medical malpractice. For instance, you may be able to file a claim if you got infected during a hospital stay or had been given the prescription.
If you have encountered any of this, you should consult a medical malpractice Indiana lawyer.
If you think you are a victim of medical malpractice Indiana, contact us tody at Montross Miller. We can handle even the most complex of negligence cases.
