Medical malpractice cases in Indiana follow special rules that do not apply to most personal injury claims. In many cases, an injured patient cannot simply file a lawsuit in court and begin the usual legal process.
Learning how to file a medical malpractice lawsuit in Indiana starts with determining whether the claim falls under the Indiana Medical Malpractice Act. Covered claims generally must follow the procedures required by the Indiana Medical Malpractice Act before a lawsuit can move forward in court.
Determine Whether Medical Malpractice Occurred
A poor medical result does not always mean a healthcare provider committed malpractice. A claim generally requires proof that the provider failed to meet the proper standard of care and caused an injury as a result.
Medical malpractice can involve many types of mistakes, such as:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication mistakes
- Birth injuries
- Anesthesia errors
- Failure to properly treat a patient
- Failure to monitor a patient’s condition
Medical records and expert review can help determine whether a provider’s actions fell below the proper standard of care.
File a Proposed Complaint
Indiana has a special process for medical malpractice claims against qualified healthcare providers.
A patient generally begins by filing a proposed complaint with the Indiana Department of Insurance. This starts the medical review process.
The proposed complaint identifies the parties and describes the claimed malpractice. Filing it is different from filing an ordinary lawsuit directly with a trial court.
The Claim May Go to a Medical Review Panel
After a proposed complaint is filed, either party may request the formation of a medical review panel. Filing the proposed complaint does not automatically create a panel.
If a panel is formed, it includes three healthcare providers and an attorney who serves as chair but does not vote. The panel reviews the evidence and gives a written opinion about whether the defendant acted or failed to act within the appropriate standard of care.
What Evidence Does the Medical Review Panel Consider?
The parties can submit evidence to the panel in written form to help explain the medical care and claimed injury.
Evidence may include:
- Medical records
- Test results
- Imaging
- Statements from healthcare providers
- Expert opinions
- Other records related to the treatment
Medical malpractice cases often involve technical questions that cannot be answered from the medical records alone. Experts may be needed to explain what a careful provider should have done and how the mistake harmed the patient.
What Happens After the Panel Gives Its Opinion?
After the medical review process is complete, the patient can generally move forward with a lawsuit in court.
The medical review panel’s opinion can be used as evidence in a later court case. However, the panel does not make the final decision about whether the patient wins or loses.
Either side may challenge the panel’s findings. Other medical experts may also testify about the standard of care and whether malpractice caused the injury.
How Long Do You Have to File a Medical Malpractice Claim?
Indiana generally has a two-year time limit for medical malpractice claims. Under Indiana law, a claim generally must be filed within two years of the alleged malpractice, although exceptions can apply.
For claims covered by the Medical Malpractice Act, filing a proposed complaint with the Indiana Department of Insurance generally pauses the applicable time limit. The remaining time begins running again 90 days after the claimant receives the medical review panel’s opinion.
Because the deadline can depend on the facts and the medical review process, patients should not wait to determine which filing rules apply.
What Damages Can You Seek?
A successful medical malpractice claim may provide compensation for the losses caused by the provider’s negligence.
Depending on the case, damages may include:
- Medical expenses
- Future medical care
- Lost income
- Reduced earning ability
- Pain and suffering
- Other losses caused by the injury
Indiana’s Medical Malpractice Act also places limits on damages in claims against qualified healthcare providers. The rules can depend on when the malpractice occurred and whether the provider was covered by the Act.
Contact the Indianapolis Medical Malpractice Lawyers at Wilson Kehoe Winingham Injury Lawyers for Help Today
Indiana medical malpractice claims can involve strict filing requirements, medical evidence, expert review, and special procedures under the Medical Malpractice Act. Missing an important step or deadline can affect your ability to pursue a claim.
Wilson Kehoe Winingham Injury Lawyers has more than 120 years of combined legal experience and has resolved thousands of cases for injured clients. Contact our Indianapolis medical malpractice attorneys today to schedule a free consultation and discuss your legal options.