Managing legal claims that involve medical malpractice will require legal assistance to ensure that victims receive the outcomes they deserve. Cases involving medical professionals are highly complex, and victims will need significant resources to prove that the medical professional administering treatment failed to uphold the medical standard of care. Acting quickly upon discovering injuries is imperative because the statute of limitations is only two years, a relatively short time frame to seek damages for the losses incurred. As lawyers from Hall-Justice can share, victims will be recovering from injuries. Due to the complex nature of these cases, victims will have many questions regarding the process moving forward.
What is the Indiana Medical Malpractice Act?
A medical malpractice lawyer, can share that medical malpractice laws can vary depending upon the state. Because of this, a legal professional will play an essential role in understanding case law, strategizing the case, and contributing the necessary resources when representing their clients. The Indiana Medical Malpractice Act was enacted in 1975 and puts specific caps on the damages victims may receive. In addition to damages paid by the responsible party (up to a certain amount), any other damages are covered by Indiana’s patient compensation fund. The law sets a statute of limitation of two years and requires victims to file their complaints with the Department of Insurance, where their case will be reviewed before moving forward.
What is the process for filing a medical malpractice claim in Indiana?
Speaking with a lawyer is the best place to start when determining whether victims have a case for medical malpractice. Once all documentation has been gathered that is relevant to the case, a lawyer and their team of expert witnesses will work to determine whether the claim is viable. Next, victims must file a complaint with the Indiana Department of Insurance, and a medical review panel is requested. The panel is made up of medical professionals with similar experience and a lawyer who will review the case and determine whether the medical professional failed to uphold the medical standard of care. The next step is for victims and their lawyers to file a lawsuit.
What are patient compensation funds for medical malpractice?
Indiana has a patient compensation fund (PCF) that is mutually beneficial for malpractice victims and medical professionals. For medical professionals, this helps to keep the insurance cost lower as they are only required to cover the first $500,000 of damages. The patient compensation fund provides the rest. PCFs are beneficial for patients as it helps to ensure that they receive the compensation they need following the injuries they sustained.
Will I need a lawyer to pursue a medical malpractice claim?
When a victim chooses to represent themselves, it is known as pro se. While someone filing a claim may be tempted to forgo the assistance of a lawyer, it’s not the recommended way to move forward. Choosing self-representation can put victims at a disadvantage as they likely won’t have the legal resources, knowledge, or time to pursue a claim that could offer a successful outcome. There is so much at stake for victims who have experienced losses from medical malpractice, and a lawyer will play an essential role in navigating this complex territory.
As a patient, it’s natural to expect medical professionals to provide you with a diagnosis and treatment that you can rely on. In most situations, patients trust the recommendations made by their providers. Unfortunately, medical professionals can make mistakes, some of which can result in devastation for the patients undergoing treatment. If you suspect that your doctor acted negligently, you must seek a second medical opinion to ensure that any injuries receive the necessary treatment.