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How to File a Medical Malpractice Lawsuit in Indiana

Injury Attorneys | Restoring LivesTM

July 12, 2017 | Medical Malpractice |

how to file a medical malpractice suit

Filing a medical malpractice claim in Indiana can be a stressful and time-consuming experience. In addition to the mental and physical anguish you’ve endured, you are now required to prove your life was affected by the negligence of a trusted medical professional. While you may want to put off filing a lawsuit until you’re able to handle the stress better, the fact is you can’t.

In Indiana—with the exception of injury to minors under the age of six—you only have two years to file a medical malpractice claim. While this may seem like a relatively extended period of time, it goes by quickly, especially because there are several steps to file an Indiana medical malpractice claim.

Why You Should Consult a Lawyer Before Filing an Indiana Medical Malpractice Claim

If you have been injured at the hands of a trusted medical professional, or if you believe you may have a case, you should first contact an Indiana medical malpractice attorney.

Before you file a claim with the Indiana Department of Insurance, you need to know if you have a case. Suffering an injury at the hands of a medical professional does not necessarily mean they were negligent. Surgeries and medical procedures have known risks, so it’s important to first meet with a medical malpractice lawyer to gain professional insight into how strong of a case you have.

Many attorneys, including those at Wilson Kehoe Winingham, provide free, no-obligation medical malpractice case assessments. When seeking an attorney for a review of a medical injury, always seek an attorney who has extensive experience in medical malpractice cases.

What Are the Steps to File a Medical Malpractice Claim in Indiana?

After you’ve spoken with an Indiana medical malpractice attorney, you’ll have a better idea of whether you should pursue a claim. At this point, you can choose to work with an attorney, who will gather and file necessary documents for you, or follow through with the claim on your own.

While we provide the following information to help you better understand and potentially navigate the filing process, we also want to communicate that medical malpractice lawsuits are some of the most challenging lawsuits to pursue. They’re not just time-consuming, costly, and littered with unforeseen complications; you’re also up against a health care provider that is backed by experienced attorneys who are prepared to do everything it takes to win.

No matter who is pursuing the medical malpractice claim, the same steps need to be followed. Note that other states will have similar requirements, but the following steps are specifically for medical malpractice claims filed in Indiana.

1. Gather All Relevant Medical Records

Medical records provide the most objective evidence in a medical malpractice case. All of your medical records and supporting documentation, including records relating to consultations, evaluations, tests, referring and treating physicians, and prescriptions need to be gathered from all healthcare professionals, hospitals, and treatment centers.

Acquiring these records as soon as possible allows your attorney to secure the advice of expert witnesses, who will help to determine whether you have a viable medical malpractice case. Expert witnesses can also be extremely helpful in the case itself, as they may provide testimony to the cause and treatment of your injuries.

2. Contact the Indiana Department of Insurance

In Indiana, medical malpractice victims (or their attorney) must file a complaint with the Department of Insurance. This complaint must be delivered or mailed by registered or certified mail. The complaint must contain:

  • Defendants’ full names, middle initials, and suffixes
  • Defendants’ addresses
  • Date of alleged malpractice
  • County of malpractice venue

The complaint must also be accompanied by the following:

  • All required filing and processing fees
  • The original complaint, plus three copies per each defendant named
  • A self-addressed, stamped envelope
  • An email address where notifications of qualification status of named defendants may be sent.

3. Request the Formation of a Medical Review Panel

Before the case can proceed to court, a medical review panel must be consulted. The opinion of the panel can be used as evidence in your case, and panel members may be called to testify.

The medical panel is made up three health care providers, including at least two who practice in the same area of medicine as the defendant, and one lawyer.

A minimum of 20 days after you have submitted a complaint with the Indiana Department of Insurance, either party in the lawsuit may request the formation of the Medical Review Panel. If neither party requests the formation of the review panel, no panel will be formed.

The purpose of this panel is to consider all the evidence, including medical charts, x-rays, lab work, and expert witnesses, and render an opinion as to whether the evidence supports the claim that the defendant failed to provide the appropriate standard of care.

4. Submit Evidence to the Medical Review Panel

After the medical review panel members have been selected and approved, all evidence relevant to the case must be turned over to the panel. This may include:

  • Medical Charts
  • X-Rays
  • Lab Tests
  • Excerpts of Treatises
  • Depositions of Any Witnesses

The panel is compensated by whichever party ‘wins,’ as per the panel’s expert opinion. If the panel sides with the health care provider, you are not restricted from accepting an out of court settlement or proceeding with a court case if you so choose.

5. Notify Insurance

The insurance company of the health care provider may be willing to settle out of court, so it is important to notify them of your intentions before filing. If you are working with a medical malpractice lawyer, they will handle this step for you.

6. File Your Medical Malpractice Lawsuit

Once you have gathered all your medical records, determined you have a case, filed a complaint with the Indiana Department of Insurance, and convened a medical review panel, the next step is to file your case with the courts.

Contact WKW’s Medical Malpractice Attorneys

If you or someone you love has been injured by the carelessness or negligence of a medical care professional, our law firm can help you get the compensation you deserve. For over 30 years, our Indianapolis medical malpractice lawyers have been winning cases just like yours. Contact us today for a free, no obligation consultation at 317.920.6400 or fill out our online form.

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