Ethan Rhodes
If you or a loved one have been injured as a result of medical malpractice in Indiana, you may be entitled to compensation. However, medical malpractice lawsuits in Indiana are challenging and complex, and there are several steps and requirements to be aware of before filing a claim. Firstly, it is important to note that there is a two-year statute of limitations for filing a medical malpractice lawsuit in Indiana, with certain exceptions for minors and the Discovery Rule. Secondly, you will need to gather all relevant medical records and supporting documentation as these provide the most objective evidence in a medical malpractice case. This includes records from consultations, evaluations, tests, referring and treating physicians, and prescriptions. It is also highly recommended to consult with an experienced medical malpractice attorney licensed in Indiana, as they can provide valuable insights and guide you through the specific laws and nuances of your case.
| Characteristics | Values |
|---|---|
| Time limit for filing a lawsuit | Two years from the date of the alleged malpractice. Minors under the age of six have until their eighth birthday to file. |
| Who to file the complaint with | The Indiana Department of Insurance. |
| Mailing address | Medical Malpractice Division Indiana Department of Insurance, 311 W. Washington Street, Suite 103 Indianapolis, IN 46204 |
| Filing fee | $5 for the first defendant and $2 for each additional defendant. |
| What constitutes hospital negligence | Surgical errors, failure to report changes in patient status, inadequate supervision, misdiagnosis, misinterpretation of test results, ordering the wrong treatment or medicine. |
| What to do before filing a claim | Contact a medical malpractice lawyer to gain professional insight into how strong your case is. |
| What to do after contacting a lawyer | Your attorney will send your medical records to their medical experts for review. |
| What to do if negligence is proven | File a medical malpractice claim. |
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What You'll Learn
Statute of limitations
However, there are some exceptions to this rule. Firstly, if the injured party was a child under six years of age, the lawsuit may be filed any time before the child's eighth birthday. Secondly, the law may extend the deadline if the injured party was unaware of the malpractice or did not show injury symptoms until later. This is called the "Discovery Rule" because it bases the statute of limitations on the date the malpractice was discovered or could reasonably have been discovered. In such cases, the clock for the statute of limitations doesn't start running until the discovery date.
Additionally, Indiana law requires those suing for over $15,000 to submit a proposed complaint to a medical review panel overseen by the Indiana Department of Insurance. The panel will review the case to determine if the defendant acted or failed to act within the standard of care, and the filing of a proposed complaint tolls the applicable statute of limitations to and including a period of 90 days following receipt of the opinion of the medical review panel.
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Medical malpractice complaints
Medical malpractice lawsuits in Indiana are filed against hospitals, doctors, nurses, and other medical professionals when negligent medical care injures patients. To file a medical malpractice claim in Indiana, you must follow several steps and adhere to specific requirements and time limitations. Here is a detailed guide on the process:
Initial Steps:
Firstly, it is advisable to consult an attorney experienced in medical negligence lawsuits in Indiana. They can provide a practical assessment of your case during a free and confidential initial consultation. You should also make a formal written request to the hospital and any other relevant medical offices or healthcare providers for all records relating to your case. These records should include all consultations, tests, and referrals.
Filing a Proposed Complaint:
To initiate the legal process, you must file a proposed complaint with the Commissioner of the Department of Insurance. This involves submitting the required filing and processing fees, which are $5 for the first defendant and $2 for each additional defendant. The full names, middle initials, and suffixes of defendants must be included in the defendant captions, along with the date of the alleged malpractice. The county of venue should also be designated, and addresses for the defendants should be provided. You should submit one original complaint, one copy for yourself, and two copies for each defendant named.
Medical Review Panel:
After submitting your proposed complaint, the next step is to request a Medical Review Panel. This panel consists of one lawyer (who acts as a chairperson without a vote) and three healthcare providers. This step is required by law, and the panel will review your case to determine if the defendant's actions or inactions align with the standard of care expected. While the panel's opinion is not binding, it can be used as evidence in your lawsuit.
Filing Limitations and Deadlines:
It is essential to be mindful of the time limitations for filing a medical malpractice claim in Indiana. Generally, claims must be filed within two years from the date of the alleged malpractice. However, there are exceptions for minors under the age of six, who have until their eighth birthday to file. Additionally, filing a proposed complaint tolls the statute of limitations, providing a 90-day period after receiving the medical review panel's opinion.
Final Stages:
Once your case proceeds to trial, you and your attorney will work together to build and present your case. If you settle or adjudicate your claim, the Insurance Commissioner must be informed. This report includes details such as the amount of any settlement or judgment. The final stage involves settling any outstanding liens and distributing the remainder to you.
It is important to note that this process can be complex and time-consuming, so seeking legal assistance early on is advisable.
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Medical review panels
The process of forming a medical review panel begins when either party requests its formation by serving a request by registered or certified mail to all parties and the commissioner, no earlier than 20 days after the filing of a proposed complaint. The panel chair is selected first, based on an agreement by both parties, within 15 days of requesting the panel's formation. Within the next 15 days, each party selects a healthcare professional for the panel, and in the following 15 days, these two healthcare professionals select a third healthcare professional to serve on the panel.
Once the panel is formed, evidence must be submitted in writing within 10 days. Evidence may include medical records, lab test results, witness depositions, medical charts, x-rays, excerpts of treatises, and any other form of evidence allowable by the panel. After all evidence has been submitted, either party can request that the panel convene at a mutually agreeable time and place. The panel then has 180 days to review the evidence and provide its expert opinion.
The opinion of the medical review panel is not binding, but it can be used as evidence in a subsequent court case. The panel's opinion will be provided to the jury if the case goes to trial, and any of the healthcare professionals on the panel can be called as expert witnesses. It is important to note that the party that "wins" the case is responsible for paying the panel's fees, which average around $3,000.
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Medical negligence evidence
Medical negligence, or medical malpractice, occurs when a healthcare professional performs outside the generally accepted or legally mandated standards of care. This could mean prescribing medicine for off-label use, giving inadequate aftercare instructions, or not paying attention to important details. It can also occur when a healthcare provider fails to act when most other caregivers would intervene, such as by administering CPR or oxygen.
In Indiana, medical malpractice cases are governed by the Indiana Medical Malpractice Act. To prove medical negligence in Indiana, plaintiffs must show that:
- The defendant owed the plaintiff a duty of care.
- The defendant breached that duty by failing to conform to the applicable standard of care.
- The injuries were proximately caused by the breach of duty.
Expert testimony is usually required to establish the standard of care, the breach of that standard, and that the injuries were caused by the breach. Before filing a lawsuit, a claimant must submit their case to a medical review panel, which will determine whether the defendant failed to comply with the standard of care. The panel's opinion is not binding but can be used as evidence in court.
To prepare for a medical negligence case, it is important to gather all relevant medical records and consult with medical professionals who can review the records and determine whether negligence occurred. It is also essential to act in a timely manner, as there is a two-year statute of limitations for filing a medical malpractice claim in Indiana.
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Compensation and damages
In Indiana, compensation and damages in a medical malpractice lawsuit are defined by the state's Medical Malpractice Act (MMA). The MMA states that if you are awarded compensatory damages stemming from a medical malpractice lawsuit against a qualified healthcare provider, the defendant is responsible for the first $250,000 in damages. After this threshold is reached, the Patient's Compensation Fund covers the remainder, up to an overall cap of $1.25 million per alleged incident of malpractice. However, this cap has been subject to change over the years, with proposals to increase it to $1.65 million in 2017 and $1.8 million in 2018. It's important to stay informed about the current cap amount.
The process of determining compensation and damages involves several steps. Firstly, you must file a proposed complaint with the Indiana Department of Insurance and pay the associated fees. Then, you present your complaint to a medical review panel, which consists of one lawyer and three healthcare providers. This panel reviews the evidence and provides an opinion on whether the defendant failed to meet the applicable standard of care and if their conduct resulted in the damages. While this opinion is not binding, it can be used as evidence in your lawsuit.
The next step is to initiate the legal proceedings and present your case in court. If you are successful in proving medical malpractice and establishing negligence, the jury will determine the amount of compensatory damages to be awarded. These damages aim to compensate you for the pain, suffering, and losses you have endured due to the malpractice. In some cases, punitive damages may also be awarded to punish the defendant for their negligent actions and deter similar behavior in the future.
It is important to note that medical malpractice cases can be challenging to win and often require the expertise of a qualified attorney. The attorney will work with medical professionals to review your case, determine negligence, and assess the extent of damages caused by the malpractice. Additionally, an attorney can provide guidance on the current damage caps and help you navigate the complex legal process.
Finally, once a settlement or judgment is reached, the final stage involves deducting any contingency fees, settling liens, and distributing the remainder to you. This concludes the process of obtaining compensation and damages in a medical malpractice lawsuit in Indiana.
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Frequently asked questions
Medical malpractice occurs when a patient is injured due to negligence or carelessness by a healthcare provider. This includes surgical errors, misdiagnosis, misinterpretation of test results, and ordering the wrong treatment.
The first step is to consult an attorney experienced in medical malpractice lawsuits. They will provide a practical assessment of your case and help you gather the necessary records and evidence.
Medical records are the most important form of evidence. These include records relating to consultations, evaluations, tests, referring and treating physicians, and prescriptions. Expert witnesses can also provide valuable testimony.
The statute of limitations for medical malpractice in Indiana is two years from the date of the alleged malpractice. For minors under the age of six, the deadline is their eighth birthday.
After consulting an attorney, you will need to file a complaint with the Indiana Department of Insurance. A Medical Review Panel will then review your claim and determine if you have grounds for a lawsuit. If they find grounds, you can proceed with filing the lawsuit.
