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Determining If You Have a Favorable Medical Malpractice Claim

Updated August 18, 2020 | By Wilson Kehoe Winingham staff

Medical malpractice occurs when a medical professional makes a mistake that causes a patient harm or fails to measure up to the reasonable level of care as set by their professional peers.

This simplified definition does not fully encompass the complexity of medical malpractice, however—as with any legal issue, the lines are sometimes fuzzy. It can be difficult to determine if you have a legitimate medical malpractice case, but the information below can help.

Proof of Malpractice

The most crucial piece of the puzzle is substantiation. The burden of proof is on you, meaning you must provide the necessary evidence to support your claim.

There are two primary issues that must be verified. One, you must provide documentation that the medical professional made a blunder. Two, you must provide evidence that this error caused your detriment. Without demonstrating both aspects, you have a difficult case. If you have clear, concise proof that both things occurred, you have evidence of a favorable medical malpractice lawsuit.

Medical Negligence

Sometimes the mistakes made by medical professionals are very evident and obvious. For example, operating on the wrong knee or leaving an instrument inside the body cavity. Alternatively, the oversight often falls under medical negligence, and the malpractice isn’t so obvious. One example is when a medical professional makes a fallacy by omitting a specific standard of treatment. Failure to do something can be just as harmful as doing something. Either way, they have made a mistake.

Injuries and Damages

The damages caused by the indiscretion give you the legal right to pursue financial compensation. The seriousness of your injury and the level at which it affects your life determine the amount of monetary recompense you may be owed. Things like loss of income and pain and suffering are recoverable damages in a medical malpractice lawsuit.

Contact a Medical Malpractice Attorney Today

If you believe you have a medical malpractice case, do not hesitate to contact the attorneys of Wilson Kehoe Winingham. An experienced Indianapolis medical malpractice lawyer at WKW can help you get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.

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