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Indiana Medical Malpractice Lawyer |do You Have a Malpractice Case?

Guy DiMartino
Nov. 4, 2014

Indiana medical malpractice lawyer answers the question – do you have a malpractice case?

You or your family member has suffered significant injury following a medical procedure in Northwest Indiana or the doctor failed to diagnose a long standing condition and now you're terminal, do you have a case? The first screening procedure is to answer a Two-Part question: (1) What did the doctor or nurse do wrong? and (2) How did the wrong cause injury or death?

Most folks are able to answer the first question easily. They can rattle off a litany of the things the doctor or hospital staff did wrong. However, when the person is asked to link the alleged wrong doing to injury or death, the person does not have an answer.

It is important for any lawyer to speak frankly about the facts of your case. They may asked poignant questions and sometimes appear that they are not on your side. It is better to hear about the weaknesses in your potential case up front than five years down the line.

You see, as a plaintiff in a medical malpractice case, you have the burden of proving (1) that the healthcare provider owed you a duty of care; (2­) that the healthcare provider breached the standard of care (malpractice); (3) that the malpractice caused the injury or death; and (4) damages or loses that occurred because of the injury. If any of these elements are missing, an injured patient should not bring a malpractice claim.

The more familiar the attorney is with the medicine, the easier it will be for him to make a preliminary determination if the elements of a medical malpractice claim are present.

If you would like more information regarding an Indiana medical malpractice claims, you can call our Michigan City medical malpractice lawyer.