Distinguishing Bad Medicine From Bad Outcomes in Medical Malpractice Claims

Medical malpractice lawyers often have to wear two hats when meeting with clients who have potential claims for medical negligence. First, they must have an understanding of the legal requirements to file suit in medical malpractice cases in Indiana. Medical malpractice attorneys also need to be well versed in a host of different medical specialties to make a reasoned determination if the standard of care has been breached.

Sometimes relatively healthy individuals go in for routine, even elective procedures and end up with catastrophic injuries far worse than the bum knee or fractured ankle they hoped to fix. While troubling, these negative outcomes don’t necessarily signify malpractice or warrant filing suit. All medical procedures come with inherent risks and even the best physicians can’t guarantee there will be no complications.

Experienced medical malpractice attorneys go over the injured party’s medical records with a fine toothed comb to see if the doctors deviated from the standard of care. Sometimes negligence is easy to find, such as administering the wrong drug or misreading scans. Frequently, the fault is more subtle and requires an expert to weigh in on what the medical standard of care requires.

Lawyers must be impartial when evaluating cases. Whether one doctor would have used a different approach or prescribed a different drug doesn’t mean there’s been malpractice.

It’s hard to not to blame a doctor for a bad outcome following a procedure. At WKW we can assess whether there is actionable fault or just an unfortunate, but known complication. Often the line is blurred. If you believe you’ve been the victim of medical malpractice, call and discuss your potential case with one of our medical malpractice lawyers. As always, we offer free case reviews and charge zero fees unless we recover damages of your behalf. Call Wilson Kehoe Winingham at 317-920-6400 or if it’s easier, you can also contact us online to discuss your potential medical malpractice claim.

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