Medical malpractice occurs when a patient is harmed by a doctor, nurse, or other medical professional. To be malpractice, this harm is the result of negligence or subpar standard of care.

If a patient has suffered from typical risks and side effects, it’s not a case of medical malpractice. If a patient was not informed of such risks, however, there could potentially be a case.

Common Cases of Medical Malpractice

Indiana Statute of Limitations and Damage Caps

Every state has its own medical malpractice laws, statute of limitations, caps, and pre-suit requirements. Here’s what you need to know about malpractice in Indiana:

  • The statute of limitations is 2 years from the date of the alleged malpractice
  • As of July 2017, medical malpractice award is capped at $1.65 million. In 2019, it will rise to $1.8 million
  • There are no pre-suit requirements if the plaintiff is suing for more than $15,000
  • If the plaintiff is suing for more than $15,000, the complaint must be submitted to a medical malpractice review panel in order to move forward to court. The statute of limitations is put on hold for 90 days after the plaintiff receives the review

 

 

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