Doctors and other licensed healthcare professionals are entrusted by patients to oversee their overall health and wellness. Driven by the Hippocratic Oath, medical providers are required to maintain high ethical standards, which includes abiding by the principle of “First, Do No Harm.” However, doctors occasionally fail to uphold their duties and as a result, patients and their families are impacted by an injury or wrongful death.
Whether it’s a botched surgical procedure, misdiagnosis, medication error, acts of omission, anesthesia error, or other medically-related incident, mistakes can and do happen in a healthcare setting. If you or a loved one have been impacted by a negligent healthcare provider in Indiana, it’s important to know your rights in order to properly pursue compensation for your injuries and damages.
In Indiana, the definition of medical malpractice is when a healthcare provider provides substandard care that results in harm to a patient. Indiana has specific laws in place for handling these types of claims and as such, the path to an injury lawsuit will take a different route than a traditional personal injury claim. These cases tend to be much more complex and a result, retaining an experienced personal injury lawyer is extremely important.
The Indiana Medical Malpractice Act Explained
The Indiana Medical Malpractice Act stands as legislation designed to establish a process for pursuing claims of medical negligence. Doctors, nurses, dentists, chiropractors, psychiatrists, EMTs, paramedics and other healthcare professionals working in specialty fields are all regulated by this Act. When an incident occurs, a complaint must be filed for each instance of alleged malpractice, which is then reviewed by a panel of medical practitioners specializing in the same or a similar area of practice. This panel, composed of three healthcare professionals and one attorney acting as a chairperson, evaluates the evidence presented and determines whether the defendant failed to meet the appropriate standard of care, whether the defendant’s actions contributed to harm, and the extent of the patient’s injury resulting from the incident. This panel is required before a case can proceed to court.
It’s important to note that Indiana’s Medical Malpractice Act caps damages a plaintiff can pursue and makes healthcare professionals liable for $250,000 in damages for any single case and up to $750,000 in a single year. The act also sets up the Indiana Patient Compensation Fund (PCF) to cover costs above $250,000.
When involved in a medical malpractice claim, understanding the statute of limitations is vital as it dictates the time frame within which legal action must be initiated. In Indiana, the statute of limitations for these types of cases is two years from the date of the incident. Failure to file a lawsuit within this window may result in the forfeiture of the right to seek compensation.
If you or a loved one have been impacted as the result of medical malpractice, contact an attorney at Hurst Limontes and we will be happy to review your case. We work on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.
Call our law firm at 317-636-0808 or complete the form below for a FREE and confidential consultation.
