Medical Malpractice

What is medical malpractice?

Medical MalpracticeUnder Indiana law, a patient who is injured by a doctor's or other healthcare provider's substandard care has a right to compensation for injuries. Substandard medical care is care which violates medical standards. The law presumes that there are certain medical standards which direct how a health care provider should react to a given situation. Those medical standards are not contained in any one book or list. They are generally recognized by competent physicians and health care providers, described in medical journals and medical text, and taught in medical schools.

In order to have a medical malpractice claim, you must have: liability, damages and causation.

  • Liability means that the health care provider must have violated accepted medical practices.

  • Damages means that you must have suffered physical injury or economic loss.

  • Causation means that the damages that you have suffered must have been a result of the substandard medical treatment.

It is important to note that a bad outcome from a medical procedure is not necessarily malpractice. There are risks associated with all medical procedures -- even when they are done properly. A doctor or other healthcare provider is responsible for a bad outcome only if it is the result of substandard medical treatment.

Indiana Injury Lawyer Blog - Medical Malpractice
Client Reviews
My 15-year-old son suffered a life-altering closed head injury that left him disabled for life when he was injured in a truck accident. I went to Mike Miller for help. Mike and the law firm were the greatest people I have ever been around. Everything they did was excellent, above and beyond the call of duty. They were able to recover enough to let me leave my job and devote full time care for my son. To this day, they are more than happy to talk with me and take care of anything that comes up. J.M.
Words cannot express how tremendously grateful my husband and I are to Nate and his team during the most difficult times in our lives. He walked us through every step with the up most respect, never hesitating to answer any and all questions, or simply giving us a word of encouragement. It was a relief to know that he was always on our side, fighting for our case and believing that it was worth fighting for. C.L.
A patient with a stroke was not transferred to a hospital capable of treating her. The client said, "We worked with Brad Kallmyer who was phenomenal. He listened well and was very thorough and professional. I give all the credit to Brad. The staff was very kind, very understanding. They made my mom feel important. Brad's integrity and the firm came through for us. They were great." C.M.
Scott did a truly amazing job for us. It was not just about the legal work; he was there for us every step of the way. From rehab, through settlement and even making sure appropriate financial arrangements were in place for the future. He went to bat for us with health care providers and workman's comp people. He fights for what is right. He really cared about what happened to my husband. Now, he will be taken care of for the rest of his life. T.R.