Malpractice is defined under Indiana law 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.” Ind. Code § 34-18-2-18. Malpractice is based in negligence and occurs when a doctor, nurse, or other health care provider’s negligence has caused injury to their patient.
When a physician-patient relationship exists, the physician will have a duty to the patient and must exercise the degree of care, skill, and proficiency exercised by a reasonably careful, skilled and prudent practitioner in the same class, in same or similar circumstances. When this duty is breached and this breach causes injury to the patient, a potential claim for damages exists.
Medical malpractice claims can be difficult and will often require the use of experts to determine what standard of care was owed to the patient. The Indiana Medical Malpractice Act, which governs malpractice claims, is more complex than the law which governs standard negligence cases. Certain steps need to be followed in order for your case to be properly heard. The lawyers at Vanderpool Law Firm, have the experience required to help navigate your claim through Indiana’s Medical Malpractice Act and help get you the compensation that you may be entitled to.
If you or someone you know has been injured as the result of a health care provider’s negligence or carelessness, call a medical malpractice lawyer at Vanderpool Law Firm, today to discuss your claim and to set up a free consultation.