Four Elements of Medical Malpractice

To prove medical malpractice, itrequires establishing four key elements: duty, breach of duty, causation, and damages. We will need to conduct a thorough review of your medical records, consult with medical experts, and analyze the facts and circumstances of your case to determine if you have a valid medical malpractice case.

We will assess whether the healthcare provider had a duty to provide you with a certain standard of care, whether they breached that duty by deviating from the accepted standard of care, whether their breach of duty caused your injuries or damages, and the extent of your damages. 

How an Evansville personal injury lawyer can help you

Our approach includes using various strategies and evidence, which include the following:

Medical records and expert testimony

Our attorneys will thoroughly review your medical records and consult with medical experts who can provide testimony regarding the standard of care that should have been followed in your case. 

Witness statements

We will collect statements from witnesses who were present during the medical procedure or treatment, including patients, family members, and healthcare staff who may have witnessed the negligence or errors that led to your injuries or damages. 

Witness testimony can be crucial in establishing the breach of duty and causation elements of a medical malpractice claim.

Medical laws and regulations

This can include studies, articles, and other authoritative sources that demonstrate the accepted standard of care for a particular condition or treatment, and how the healthcare provider’s actions deviated from that standard. We can also help you understand how your case fits the Medical Malpractice Act to plan a litigation strategy on your behalf.

Documentation of damages

We will carefully document all of the damages you have suffered as a result of the medical malpractice, including medical bills, lost wages, pain and suffering, and others. This documentation will be critical in establishing the extent of your damages and the compensation you are entitled to.

Common Examples of Medical Malpractice in Evansville

There are many ways in which you can suffer from negligence from the healthcare system, but these are the most common reasons why victims of medical malpractice contact us:

Surgical errors

In Indiana, healthcare providers are held to follow established surgical protocols and guidelines to ensure patient safety. 

However, when surgical errors occur due to the negligence or incompetence of a healthcare provider, patients have the right to hold the doctors or institutions involved accountable. 

These can include wrong-site surgery, leaving surgical instruments inside the body, damaging organs or nerves during surgery, or performing unnecessary surgery.

Medication errors

Medication errors can occur at various stages of the medication process, including prescribing, dispensing, and administering medication, causing serious health issues for patients. If that’s your case, you’re entitled to sue for the damages you suffered from malpractice, including pain and suffering.

Misdiagnosis or delayed diagnosis

When a healthcare provider fails to meet the legal standard of care by misdiagnosing a condition or delaying a diagnosis, they may be held liable for medical malpractice. After a misdiagnosis, it’s important that patients file a medical malpractice complaint against the healthcare provider and seek fair compensation.

Birth injuries

Birth injuries can have lifelong consequences for both the mother and the newborn, including oxygen deprivation leading to brain damage, nerve injuries during delivery, and other types of issues that can sadly occur in a birth. 

In such stressful and devastating situations, sometimes it’s not easy to know how to proceed in a lawsuit, and having a personal injury lawyer who can help you fight for your rights is key to winning the fair amount of compensation you need.

Anesthesia errors

Anesthesia errors can result in serious injuries or even wrongful death. These can include administering the wrong type or amount of anesthesia, failing to properly monitor a patient’s vital signs during anesthesia, or failing to identify and respond to adverse reactions to anesthesia. 

According to the injuries and damages you suffered, you’re entitled to demand your losses.

Hospital-acquired infections

Patients in hospitals are vulnerable to infections, and it is the responsibility of healthcare providers to take appropriate measures to prevent and manage infections. 

Failure to follow proper infection control protocols can lead to hospital-acquired infections, such as surgical site infections, bloodstream infections, and urinary tract infections. 

Our attorneys can help you determine if negligence in infection control contributed to your infection and pursue legal action accordingly.

Contact Our Evansville Medical Malpractice Lawyer Today

If you or a loved one have been a victim of medical malpractice in Evansville or the surrounding areas in Indiana, don’t hesitate to seek legal help. Contact our team of medical malpractice attorneys at Christie Farrell Lee & Bell for a free consultation and to evaluate your options.

We will gladly evaluate your injury case, answer your questions, and provide the compassionate representation you need to seek justice and recover the compensation you deserve.