Medical malpractice claims are usually more complex than other personal injury claims.
In addition to gathering a wealth of medical records and retaining medical experts to testify on your behalf, medical malpractice lawyers in Indiana must follow special procedural rules and strict damage caps.
Medical malpractice occurs when a licensed healthcare professional's negligent act or omission causes an injury to a patient.
Examples of acts or omissions that commonly result in medical malpractice claims include:
In 1975, Indiana passed the Indiana Medical Malpractice Act, which requires injured patients to file a complaint with the Indiana Department of Insurance and have their case evaluated by a medical review panel before they can file a civil lawsuit.
Here's how the process works:
To establish a medical malpractice claim in Indiana, an injured patient must prove the following 2 elements:
Due to the technical nature of medical treatments, expert testimony is usually required to determine whether the healthcare professional's actions fell below the applicable standard of care.
Every state has a statute of limitations that determines how long you have to file a lawsuit. In Indiana, the statute of limitations for most medical malpractice lawsuits is 2 years from the date of the malpractice.
However, filing a complaint with the Indiana Department of Insurance will "toll" the statute of limitations for 90 days. In other words, once you file the complaint, the statute of limitations clock pauses for 90 days before resuming.
In Indiana, victims of medical malpractice can recover the economic and non-economic damages that stem from the malpractice. These include:
The Indiana Medical Malpractice Act limits (or "caps") the amount of damages an injured patient can recover in a medical malpractice lawsuit.
The healthcare provider will only be required to pay, at most, $500,000. The Indiana Patient Compensation Fund (PCF) will pay the rest. The PCF is maintained by the state and helps ensure that injured patients have a guaranteed source of compensation.
Additionally, Indiana prohibits attorneys in medical malpractice cases from receiving more than 15% in fees from any amount awarded by the PCF.
Like many states, Indiana has a good Samaritan law that prevents good Samaritans from being sued.
Under the law, a person who comes upon the scene of an emergency (such as a bystander) or a person who is called to the scene of an emergency (such as an ambulance technician) and renders emergency care at the scene is immune from civil liability for any injury that results (so long as the person didn't intentionally harm the person and wasn't grossly negligent).
A personal injury lawyer helps individuals who have sustained injuries in accidents to recover financial compensation. These funds are often needed to pay for medical treatment, make up for lost wages and provide compensation for injuries suffered. Sometimes a case that seems simple at first may become more complicated. In these cases, consider hiring an experienced personal injury lawyer. Read more