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Anderson, IN Medical Malpractice Lawyers
We put a lot of faith into the professionalism of our doctors, and your doctor has a duty to provide you with a certain standard of care. However, if an accident happens because your medical professional did not meet this required standard of care, you may be the victim of medical malpractice. Indiana law does allow for you to recover damages from a negligent medical professional, but the process can be complex and highly technical. The experienced medical malpractice lawyers at GDS Law Group, LLP have helped many clients recover after suffering from medical malpractice, and we know how to help you and your family during this stressful and challenging time.
There Are Many Different Causes Of Medical Malpractice
Negligent or careless treatment by a medical professional can result in very serious health problems, and these issues can often follow the patient for many years or for life. Many medical issues are stressful enough to begin with, and being the victim of malpractice in your medical care can completely disrupt your life and be overwhelming for you and your family. It’s important to also understand that your unnecessary medical complications can be caused by negligence not only by a primary physician or surgeon, but also by a pharmacist, anesthesiologist, nurse, dentist, medical assistant, and technician.
Our malpractice lawyers understand that each case is unique, but instances of medical negligence will often fall within one of the following categories:
- Misdiagnosis – Possibly the most common cause of medical malpractice, carelessly rushing to diagnose someone can result in needless treatment that can ruin the health of a patient.
- Errors Prescribing and Administering Medication – Patients are often prescribed the wrong drugs by accident, or they are told to consume a dangerous amount of the medication they need.
- Surgical Mistakes – Many things can go wrong in a surgery, and oftentimes errors are not noticed or are very difficult to remedy.
The Claims Process In Your Medical Malpractice Case
If you believe that you are the victim of medical malpractice, the first step to seeking the compensation that you deserve is to speak with your medical malpractice attorney as soon as possible. A skilled malpractice attorney will understand how to begin reviewing your case by gathering the required evidence from all sources, and then discussing your situation with medical experts to determine if you might have been the victim of negligence. The process going forward is greatly influenced by Indiana’s Medical Malpractice Act. This legislation was created to reform the malpractice process and make it fair for all parties involved. To achieve this objective, the law establishes review panels and rules on damages for every malpractice claim.
If you and your attorney decide to file a medical malpractice claim, the process will proceed as follows:
- File your complaint with the Indiana Department of Insurance who will record it and forward the proposed complaint to each defendant and their insurers.
- Submit evidence to a state convened Medical Review Panel consisting of medical professionals who will provide their professional opinion on your case. Your suit may proceed even if they do not believe there was malpractice, but their review will be admissible evidence in court.
- Formally file your lawsuit in the appropriate court.
- Negotiations for a settlement offer will take place between your lawyer and the lawyers and insurance providers of the defendants. If you decide to accept a settlement offer, your case will end before going to trial.
- Any compensation you receive either through a settlement offer or by order of the court after trial must be reported to the Indiana Insurance Commissioner before it is distributed to you.
- If you can’t come to a fair settlement agreement with the insurance company, you and your attorney may continue to trial.
Compensation For a Medical Malpractice Claim
The damages that you can receive for a medical claim are based on the same principles as any other type of lawsuit. The question asked is: “What has the victim lost, and how can they be made whole again?” However, determining exactly what you should recover becomes extremely complex when the suit is based on medical negligence. In order to win the damages that you need, your medical injury lawyer will have to show your losses by illustrating all the details of what has happened to you as a result of a medical professional’s negligence.
Indiana law caps the total that a medical malpractice victim can recover. The negligent medical professional is required to pay a certain amount of money, and the Indiana Patient Compensation Fund pays the remainder. Limits on damages are based on when the malpractice occurred, and the compensation caps are:
- $1,250,000 – if the injury occurred before July 1, 2017. The defendant pays the first $250,000 and the state fund pays the remainder.
- $1,650,000 – if the injury occurred after June 30, 2017 and before July 1, 2019. The defendant pays the first $400,000 and the state fund pays the remainder.
- $1,800,000 – if the injury occurs after June 30, 2019. The defendant pays the first $500,000 and the state fund will pay the remainder.
Statute Of Limitations For a Medical Malpractice Suit
Indiana’s statute of limitations requires that you file a claim for medical malpractice within two years of the negligent act that caused injury. If your injury is not detectable at the time of the malpractice, then your two years begins to run when it is discovered or should reasonably have been discovered. An exception to this rule allows for your two year window to be paused while a state convened Medical Review Panel assesses your case before you file your lawsuit. Additionally, if a child under six years is the victim, the parents have until the child’s eighth birthday to file suit.
For example, if your child is injured during birth, your birth injury lawyer must file suit before your child’s eighth birthday. However, if the injury is not noticeable until the child is older, then the two year countdown begins when you can notice the injury. If the Medical Review Board takes 90 days to return an opinion before you sue, then your timeframe to file a claim will be extended by 90 days.
A Medical Malpractice Lawyer From GDS Law Group, LLP Can Help You
Being injured due to someone else’s negligence can cause a great deal of distress, and your life may be put on hold. It’s understandable if you and your family are uncertain about your options if you feel that you have been harmed by an act of medical malpractice. Given the complexity of these cases, and Indiana’s strict statute of limitations law, it’s important to speak with your personal injury lawyer as soon as possible to discuss a medical malpractice claim in your situation. The medical malpractice lawyers at GDS Law Group, LLP have helped many families harmed by medical carelessness, and we know how to help you.