Hardly anyone disputes that doctors, nurses and health care providers have difficult, stressful jobs. They make mistakes. Sometimes, circumstances are outside of their control, and, despite their best efforts, patients die or suffer from terrible complications.
That is why it can be very difficult to prove a medical malpractice claim in Indiana or Kentucky. The law is quite complex, and a successful medical malpractice case can take time. Do not believe, however, that it is impossible to recover compensation that you deserve.
A successful medical malpractice claim must prove four things:
- The health care provider had a duty to provide care to you. This is signified by the doctor/patient relationship.
- There was a breach of duty in the care you received. You must prove that your provider failed to meet an acceptable standard of care. Typically, this is proven through the expert testimony of another doctor in the same field.
- That you suffered injuries or a loved one died. Because medical malpractice cases can take a long time and require a large commitment of resources from your attorney, there typically needs to be a large amount of compensation at stake.
- There is a connection between the doctor failing to provide an acceptable standard of care and your injuries or the death of your loved one.
Confused? Talk To An Attorney
You should never try to prove medical malpractice or negotiate a settlement on your own. Because there can be a great amount of damages at stake, health care systems invest a lot of money in defending themselves from malpractice claims.
An experienced medical malpractice attorney can discuss your case with you and help you determine the best way to proceed. This could mean negotiating a settlement, or it could mean taking your case to trial if your attorney thinks that is the best way to maximize your compensation.
Additionally, if you think you have a claim for medical malpractice, do not speak with insurance adjusters about your case, and do not sign over any medical records without first talking to your attorney. Your lawyer should handle all interactions with the defense to protect your rights.