INDIANA MEDICAL MALPRCTICE
Indiana law allows patients injured by the negligence of their healthcare providers to file a medical malpractice action to receive compensation for their injuries. A med mal claim in Indiana can be filed for any type of injury sustained during medical treatment, and commonly occurs due to:
A healthcare provider in Indiana must provide a level of care consistent with the standard accepted by the practice. Should the level of care be substandard and the patient be injured, then the healthcare provider is potentially negligent and liable for the harm caused. If an Indiana patient is injured and believes medical negligence is the cause, they should consult an Indiana medical malpractice attorney immediately in order to file a proper claim.
Who May Commit Medical Malpractice In Indiana
Indiana med mal law states that any individual or entity considered a healthcare provider may be liable for medical malpractice. Healthcare provider is defined as any individual, partnership, corporation, or facility that is licensed by the State of Indiana to provide healthcare services. This term includes individuals such as physicians, nurses, chiropractors, physical therapists, midwives, surgeons, or medical specialists. Healthcare providers are also entities such as hospitals, clinics, physical therapy centers, or any other building that provides medical care. Businesses owning and managing these facilities are also considered healthcare providers and liable for medical malpractice in Indiana. A patient filing an Indiana med mal claim should consult with an Indiana medical malpractice lawyer prior to taking any action to ensure the proper defendants are included in the suit.
Indiana Medical Malpractice Statute Of Limitations
Indiana law states that a patient must file a claim within two years of the act or omission that led to the patient’s injury. In the event the nature of the medical negligence prevents a patient from discovering it within two years (such as a failure to diagnose a disease), then the patient has two years from discovery of the medical malpractice to file the claim. There are exceptions for minor children under the age of eight that allow an increased period to file a claim. Any patient suspecting medical negligence of an Indiana healthcare provider as the cause of an injury should immediately contact an Indiana med mal lawyer in order to properly file a claim.
Damage Limitations On Medical Malpractice Claims In Indiana
Indiana medical malpractice law sets a cap on the amount of money a patient can recover in a med mal action at $1,250,000. Furthermore, an individual healthcare provider cannot be held liable for damages exceeding $250,000. A medical malpractice claim in Indiana should seek to recover damages within the statutory limitations, and a plaintiff with questions should consult an Indiana med mal attorney prior filing any action.
How To File A Medical Malpractice Claim In Indiana
Every plaintiff should consult an Indiana medical malpractice attorney who is experienced at navigating the process in order to protect the claim from dismissal. A medical malpractice claim in Indiana requires a plaintiff go through a series of procedural steps such as submitting the claim to a medical review panel and meeting critical deadlines in order to verify the legitimacy of the claim and the proper damages owed. This process requires an advanced knowledge of the law and its procedures, and should not be attempted without assistance from an Indiana med mal attorney. Furthermore, defendants in med mal actions in Indiana will be well defended by experienced attorneys with well-crafted defenses, and a plaintiff needs representation by an Indiana med mal attorney that can match the defense. Prior to filing an action for medical malpractice in Indiana, consult an Indiana medical malpractice attorney before taking any action.
Indiana Code
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