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When considering legal action in Indiana, understanding the difference between medical malpractice and medical battery is essential. Both involve violations of a patient’s rights, but the circumstances and legal standards for proving each claim are different.
At Christie Farrell Lee & Bell, we can help you navigate Indiana’s medical malpractice system and determine whether you have a valid claim. This article will explain the differences between medical malpractice and medical battery, how we work to prove each type of claim, and your legal options to pursue compensation.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider’s negligence causes harm to a patient. Negligence in this context means the doctor’s actions deviated from the accepted standard of care, which is the level of care a reasonably competent medical professional would provide under similar circumstances.
Common examples of medical malpractice include:
- Misdiagnosis
- Delayed diagnosis
- Surgical errors
- Medication mistakes
- Failure to provide appropriate follow-up care
Proving malpractice requires demonstrating the provider’s care fell below accepted medical standards and directly caused harm to the patient. This process often involves expert testimony from medical professionals who can explain how the provider’s actions deviated from expected standards.
In Indiana, the Medical Malpractice Act requires patients to present their case to a Medical Review Panel before filing a lawsuit. The panel reviews evidence to determine if malpractice occurred. Additionally, the act limits damages, which impacts how much you can recover in a medical malpractice case.
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What Is Medical Battery?
Medical battery involves intentional actions by a healthcare provider that violates a patient’s right to make informed decisions about their treatment. Unlike medical malpractice, which is based on negligence or oversight, medical battery occurs when a provider knowingly performs an unauthorized procedure or treatment.
Some common examples of medical battery include:
- Performing surgery without the patient’s prior approval.
- Administering a treatment the patient explicitly refused.
- Substituting a different procedure without informing the patient or obtaining consent.
Even if the procedure doesn’t result in harm, medical battery can still be a valid claim if it was performed without the patient’s consent. While malpractice claims often require expert testimony to prove a breach of the standard of care, medical battery cases focus on whether the patient’s consent was obtained and respected.
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Proving Negligence vs. Proving Medical Battery
The process of proving medical malpractice and medical battery differs due to each claim’s nature. To prove medical malpractice, you must:
- Demonstrate the healthcare provider’s care fell below the accepted standard of care, causing harm.
- Gather expert testimony from medical professionals to establish what constitutes acceptable medical practice.
- Present your case to a Medical Review Panel before filing a lawsuit.
On the other hand, to prove medical battery, you must:
- Prove the healthcare provider performed a procedure without your consent or exceeded the scope of the agreed treatment.
- Gather evidence such as medical records, witness testimony, and consent forms.
While both claims require substantial evidence, the standard of proof for medical battery is generally easier to meet. This is because the focus is on whether consent was given rather than whether the provider met accepted medical standards.
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Does Signing a Consent Form Waive Your Rights?
Signing a consent form before a medical procedure doesn’t automatically protect a doctor from liability. Consent must be informed, meaning the patient must understand all material risks, benefits, and alternatives before agreeing to the treatment.
If a doctor fails to disclose a critical risk or misleads the patient about the likelihood of success, they can be liable for malpractice, even if you signed a consent form. Additionally, if a doctor performs a procedure that goes beyond the scope of the agreed treatment, it could constitute medical battery.
When Can You Sue for Medical Malpractice or Battery?
Deciding whether to file a medical malpractice or medical battery claim depends on the specific circumstances of your case.
If your injury resulted from negligence, such as a doctor failing to follow established medical standards, a medical malpractice claim is appropriate. For instance, if a provider makes a surgical error or prescribes the wrong medication, you may have grounds for a malpractice claim.
On the other hand, if a doctor performed a procedure without your consent or intentionally ignored a treatment refusal, a medical battery claim could be more suitable.
In some cases, both types of claims are applicable. For example, if a provider didn’t obtain proper consent and their actions also fell below accepted medical standards, you may pursue both medical malpractice and medical battery claims. A free consultation with Christie Farrell Lee & Bell will help you determine the most appropriate legal approach.
How Indiana Courts Handle These Cases
Medical malpractice cases must first go through a Medical Review Panel, which assesses the evidence and provides an opinion on whether malpractice occurred. If the panel rules in favor of the patient, the case can proceed to court.
Medical battery cases, however, are treated similarly to civil assault and battery cases. The primary issue is whether the patient provided consent for the procedure. Courts focus on examining consent documents, patient testimony, and other evidence to determine if the provider acted without permission.
Overall, juries in malpractice cases often rely heavily on expert medical opinions, while battery cases center on the issue of consent and whether it was properly obtained.
Contact an Indiana Medical Malpractice Lawyer
If you believe you were a victim of medical malpractice or medical battery, seeking legal representation will significantly improve your chances of securing fair compensation. Our experienced medical malpractice attorneys at Christie Farrell Lee & Bell can help you understand your rights, gather necessary evidence, and navigate Indiana’s legal requirements for pursuing a claim.
We have over 40 years of experience representing patients in Indiana and have successfully obtained compensation for those harmed by negligent or unauthorized medical treatment. Contact an Indiana medical malpractice lawyer today for a free case evaluation and take the first step toward justice!
Call 317-488-5500 or complete a Free Case Evaluation form