Updated November 4, 2019
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. They simply need to follow Indiana’s statutory guidelines in order to succeed with a malpractice lawsuit.
Indiana’s medical malpractice statute of limitations requires an injured party to file a 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 their 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, their case must first be submitted to a medical 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 and their insurance are liable for the first $250,000 of this maximum amount, and the Indiana Patient’s 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.
If you or a loved one have suffered injuries as a result of medical malpractice, contact the attorneys of Wilson Kehoe Winingham. An experienced Indianapolis medical malpractice lawyer at WKW can help you get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.
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