Navigating the complexities of a medical malpractice claim can be daunting, especially when trying to recover from injuries caused by medical errors. If you believe you’ve been a victim of medical malpractice in Indiana, understanding how to file a medical malpractice claim is crucial. By equipping yourself with the right knowledge, you can better protect your rights and seek the justice you deserve.
What’s Your Case Really Worth?
What Is Considered Medical Malpractice in Indiana?
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in harm to the patient. The standard of care is the degree of care and skill that a reasonably competent healthcare professional would provide under similar circumstances.
The Difference Between Medical Malpractice and Medical Negligence
Medical malpractice is a broader concept that includes any professional misconduct, or lack of skill(s) in the healthcare field. Medical negligence, a subset of malpractice, specifically refers to unintentional errors or omissions by healthcare providers that lead to patient harm.
Most Common Medical Malpractice Claims
Some of the most common types of medical malpractice claims in Indiana include:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication errors
- Birth injuries
- Failure to treat
- Anesthesia errors
Steps for Filing a Claim
Filing a medical malpractice claim in Indiana involves several critical steps and adherence to specific legal requirements. This process can be complex, so it’s best to seek the guidance of an experienced medical malpractice lawyer. Here is a general overview of what to do.
The first step in filing a medical malpractice claim is to gather all relevant medical records. These records include:
- Treatment notes
- Test results
- Prescription information
- Communication with healthcare providers
These documents can serve as evidence to support your claim.
Before filing a lawsuit, you must contact the Indiana Department of Insurance. This step involves submitting a proposed complaint to the department. The Department of Insurance oversees the medical malpractice review process and ensures compliance with state laws.
In Indiana, before you can proceed with a lawsuit, a Medical Review Panel must review your claim. The panel must consist of 3 healthcare providers and 1 attorney. They will review evidence and provide an expert opinion on whether the standard of care was breached.
Once the panel is formed, you will need to submit all evidence, including medical records, expert testimonies, and other relevant documentation. The panel’s opinion is a crucial element in determining the viability of your claim. Their decision is not binding but is admissible in court.
Notify the healthcare provider’s insurance company of your intent to file a claim. This notification often involves a detailed explanation of your allegations and the damages sought. Your attorney can help you draft your notification, ensuring you include all the necessary information.
If the Medical Review Panel finds merit in your claim, or even if they do not, you can proceed to file a lawsuit in court. This step involves drafting and filing a complaint that details the nature of the malpractice, the injuries sustained, and the compensation sought.
Timeframe To File a Claim
In Indiana, the statute of limitations for filing a medical malpractice claim is generally 2 years from the date of the alleged malpractice. Minors under the age of 6 have until their 8th birthday to file.
Medical Malpractice FAQs
A: While it is possible to file a medical malpractice claim on your own, it is highly recommended to seek the assistance of a qualified attorney. Medical malpractice cases are complex and require a thorough understanding of both medical and legal issues.
A: The amount of a medical malpractice settlement varies widely based on the specifics of each case. Indiana has a cap on damages, with the maximum amount recoverable being $1.8 million for acts of malpractice occurring after July 1, 2019.
A: Not all medical malpractice claims go to trial. Many are settled out of court. However, if a settlement cannot be reached, you may need to appear in court to pursue compensation.
Do You Have a Medical Malpractice Claim?
Determining whether you have a valid medical malpractice claim involves assessing whether the healthcare provider breached the standard of care and whether this breach directly caused your injury. Consulting with a medical malpractice attorney can help you evaluate the strength of your claim and navigate the complex legal process. Contact us to learn more about how to file a medical malpractice claim and how an attorney can help.
