/ Blog/ What Constitutes Medical Malpractice in Indiana?
Indiana Code 34-18-2-18 defines “Malpractice” as a tort or breach of contract based on health care or professional services that were provided, or that should have been provided, by a health care provider, to a patient. In simple terms, Malpractice is when a health care provider not doing what he/she is supposed to do or did what he/she was not supposed to do. The term is used to indicate medical negligence by a health care provider that causes an injury.
In order to prove Malpractice, a Medical Malpractice attorney in Indiana must show the four essential elements of a tort: Duty, Breach, Injury and Causation.
Despite the fairly simple language used above to define what malpractice is, there has been a great deal of case law determining who is a patient, when does a doctor patient relationship and thus a duty arise and when does it cease, what is an act or occurrence, what is the cause of an injury and which injuries received in a health care setting are from malpractice versus which are not from malpractice. Future articles will attempt to explain the various distinctions of these terms and situations.
Malpractice cases present a unique set of challenges that require a thorough understanding of both medical and legal issues. WKW has an experienced Malpractice team, including a Physician-Attorney and Legal Nurse Consultant on staff, to assist in analyzing and evaluating your claim.
Injuries suffered as a result of malpractice can be serious and life altering. If you or a loved one has been injured by Malpractice, contact us. Let your recovery begin.
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