Indiana Jury Instruction - 1.3 Medical Malpractice Claim Against Hospital And Physician Statute Of Limitations Defense
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FAQ
Which Element of a Medical Malpractice Case is Hardest to Prove? The hardest element of a medical malpractice case to prove is the breach of the duty of care, the second element. This is because proving that the medical provider acted in a way that was not reasonable can be difficult.
The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.
In a medical malpractice case, the medical records are one of the most vital pieces of evidence in the case. Since the patient has the burden of proving negligence against the health care provider in a medical malpractice case, the written medical record can make or break a case.
There are four elements of medical malpractice, including a medical duty of care, breach of the duty, injury caused by the breach, and damages. When you pursue a claim based on medical error, you must establish each of these elements. Doctors and surgeons are trained to do no harm when treating their patients.
In Indiana, the statute of limitations for bringing a legal malpractice claim is two (2) years. While there are certain exceptions to the two-year limitation period based on a client's discovery of the attorney's negligence, a delay in pursing your claim could result in loss of your right to file suit.
The Indiana courts have stated that the law is an ?occurrence-based? statute of limitations, meaning that an action for an Indiana medical malpractice generally must be filed within two years from the date the alleged negligent act occurred rather than from the date it was discovered.
Then, you have to show the court that the doctor's actions or inactions were the direct cause of your illness and that your health was damaged as a direct result. Of those four components, causation is often the hardest element to prove in court.
Indiana places strict limits on civil claims Generally, the statute of limitations is two years for medical malpractice claims however it can be extended under certain circumstances. If you have any questions about how much time you have to file a lawsuit, you need to talk to a lawyer as soon as possible. .