Amendments to the statutes that control medical malpractice cases in Indiana have imposed some roadblocks to filing and prosecuting those cases. Nonetheless, a person who has suffered injuries in Indiana due to a physician’s or medical center’s malpractice still has the right to sue for damages to compensate for those injuries. He or she simply needs to follow Indiana’s statutory guidelines in order to succeed with a malpractice lawsuit.
Indiana’s statute of limitations requires an injured party to file a medical malpractice suit within two years of the occurrence of the malpractice or discovery of the injury. The parents of children who are younger than six can file the case on behalf of their child, but they must do so before the child turns eight. A person who only suspects that his or her physician made a mistake should not hesitate to get an examination of suspicious symptoms.
If an injured party is suing for damages of more than $15,000 in Indiana, his or her case must first be submitted to an expert review panel that analyzes and verifies the validity of the case. Submission of a case to this panel will extend the statute of limitations deadline by ninety days, during which time the panel does its work. The panel will determine the medical standard of care that applied to the situation described in an injured party’s complaint and will issue a preliminary ruling as to whether any cause exists to argue that a physician’s or medical center’s service fell below that standard of care.
Indiana has established a hard monetary cap on the damages that an injured party can recover in a medical malpractice lawsuit. Currently, an injured party in Indiana cannot recover more than $1,250,000. The physician or his insurance are liable for the first $250,000 of this maximum amount, and an Indiana Patient Compensation Fund pays the balance. Physicians cannot be required to pay more than an aggregate of more than $750,000 in malpractice damages in any calendar year.
Whenever medical malpractice occurs, an injured party’s first priority will be to have his medical needs taken care of in a professional and compassionate manner. The attorneys at Wilson Kehoe Winingham dedicate themselves to their clients’ priorities and needs and to helping them to restore their lives. If you believe that you have suffered injuries as a result of any medical malpractice, please contact us at your earliest opportunity. Your deadline for initiating your medical malpractice lawsuit may be fast approaching, and any delays in filing your case may harm your opportunity to recover damages to compensate you for your injuries.