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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:

  1. The health care provider had a duty to provide care to you. This is signified by the doctor/patient relationship.
  2. 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.
  3. 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.
  4. 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.

Author Photo

Gayle Gerling Pettinga

Born and raised in Evansville, Gayle is a respected, experienced lawyer and a valued community leader. She graduated near the top of her class at Indiana University’s prestigious Maurer School of Law. She’s practiced law with one of the largest firms in Indianapolis as well as one of the largest pharmaceutical companies in the world. And that means she knows how big law firms and big companies think and how they operate – and she will put that knowledge to work for you.

Gayle has received numerous awards and honors including Martindale-Hubbell — Peer Review Rated: AV®, American Institute of Personal Injury Attorneys 10 Best Attorneys in Indiana for Exceptional and Outstanding Client Service, and YWCA Evansville 100 Years, 100 Women Honoree, 2011.

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