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NW Indiana Medical Malpratice Lawyer| What Is Medical Malpractice?

Posted by Guy DiMartino | Oct 31, 2014 | 0 Comments

Northwest Indiana medical malpractice lawyer discusses what a medical malpractice claim looks like.

Medical malpractice is a complex area of law.  We should start the discussion of medical malpractice by looking at one Indiana Jury Instruction.  A jury instruction is a statement of law that is provided to the jury who hears a medical malpractice case. A jury relies on the instructions in rendering a verdict in a case.

The jury instruction states, “a  medical specialist is one who devotes special attention to an ailment and its treatment, consistent with the state of scientific knowledge at the time.  A physician employed as a specialist must exercise the same degree of care and skill that would be exercised by a specialist in the field.”   The key to this statement is that a physician must exercise the same degree of care and skill – this is called the “standard of care.”

Medical malpractice occurs when a healthcare provider deviates from the applicable standard of care by something that he/she did or by something that he/she failed to do.  You may also hear the terms “breached the standard of care” or “negligence.”   To put it in regular terms, medical malpractice occurs when a healthcare provider fails to follow the established rules, norms and/or protocols when rendering care to a patient.

Indiana Medical Malpractice is not:

  • A bad result in and of itself
  • An unforeseen result
  • A normal risk or complication of a medical procedure that develops
  • Bad beside manner
  • Failure to provide information to a patient or his family

Indiana medical malpractice law is very complex.  If you have any questions about a potential medical malpractice claim, call our Michigan City medical malpractice lawyer at (219) 874-4878.

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and lifes passion is helping the seriously injured receive complete compensation for their injuries. I am a ...


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