The Law Office Of David W. HolubThe Law Office Of David W. Holub

The Law Office Of David W. HolubThe Law Office Of David W. Holub

Medical Malpractice Injury

The firm’s personal injury and wrongful death litigation includes injury cases which originate when medical errors and mistakes are made. The law of medical malpractice defines negligent medical conduct as the doing or the failure to do something that a reasonably prudent health care professional in that field would or would not do under the same or similar circumstances. A plaintiff’s medical malpractice lawyer must present expert testimony on the standard of care required of professionals in the field of the defendant. Normally, the lawyer must prove that the defendant breached or failed to adhere to that standard of care, causing the plaintiff’s injury. A negative result in medical treatment in and of itself does not mean that the doctor committed malpractice. Medical treatment carries with it no guarantee of success. Many medical procedures involve risks which cannot be avoided even if the doctor exercises great caution.

What It Takes to Pursue a Medical Malpractice Claim

Physicians and hospitals rarely admit mistakes. Even in cases that seem to be clear cut, you can expect a defendant to fight any claim of wrongdoing. We have successfully handled many medical malpractice claims ranging from birth injuries and brain injuries to failure to diagnose cancer to nursing home abuse. We also have handled medication dosage injuries, and infectious disease claims. Medical malpractice can also apply to nurses, dentists, osteopaths, physical therapy facilities and others providing health care services. The challenges these cases present are many and varied and our team will work aggressively to overcome them. We also have experts at our disposal to help get to the truth of what happened. Our experienced injury attorneys are skilled at working to secure favorable settlements and jury awards if settlement is not possible.

Negligence by a medical professional could be the result of an error in diagnosis, treatment or illness management. Negligence is based on a failure to follow accepted standards of practice. For example, a hospital may provide improper care in not properly assessing a fall risk resulting in a patient fall. Or, there may be an error in dispensing medications, or a failure to maintain sanitation or providing below standard nursing care. The law involving medical malpractice is designed to protect patients’ rights to compensation if they are injured as the result of negligence. But malpractice suits are rarely simple, and they are costly to fight. Sometimes the time and money needed to pursue compensation for an injury that is minor or heals quickly should not be spent. If you believe you have a medical malpractice claim, it is important to consult with an attorney who can help you determine whether your claim should be pursued.

How Do Attorneys Analyze Medical Malpractice Cases?


Indiana Caps Recoveries Against Doctors in Medical Malpractice Cases


In Many Medical Malpractice Cases in Indiana You Have Two Years to Sue?


For more specific examples of the medical conditions that we frequently address, the firm has compiled a list of Specific Medical Conditions for your review.

Birth Injury Claims

Brachial Plexus Injury
Brain Damaged Babies
Cerebral Palsy
Circumcision Malpractice
Erb’s Palsy
Fetal Distress
Shoulder Dystocia