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Updated August 22, 2020 | Medical Malpractice | Social Share
Medical malpractice occurs when a patient is harmed by a doctor, nurse, or other medical professional. To be considered malpractice, this harm must be the result of negligence or a subpar standard of care.
Just because a patient suffered from typical risks and side effects doesn’t mean it is a case of medical malpractice; however, if the patient was not informed of the risks, there could potentially be a case.
If you were injured by the negligence of a medical professional, seek legal advice. An experienced medical malpractice attorney can help you determine whether you have a strong medical malpractice case, calculate your damages, and negotiate with insurance companies on your behalf.
What Are Common Types of Medical Malpractice Cases?
Medical malpractice commonly includes the following types of cases:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication errors
- Anesthesia errors
- Birth injuries
What Are Indiana's Medical Malpractice Laws?
Every state has its own medical malpractice laws. For example, the Indiana statute of limitations for medical malpractice cases is two years from the date of the alleged malpractice. Some exceptions apply, but they are extremely rare.
When it comes to medical malpractice lawsuits, Indiana puts a cap on financial awards. As of July 2017, medical malpractice awards were capped at $1.65 million. In 2019, the cap rose to $1.8 million.
Indiana has pre-suit requirements as well. If you are suing for more than $15,000, the complaint must be submitted to a medical review panel before moving forward to court. However, if you are suing for $15,000 or less, there are no pre-suit requirements.
Contact a Medical Malpractice Attorney Today
Navigating the complexities of a medical malpractice case can be complicated. Don’t go through the process alone.
If you or a loved one have been a victim of medical malpractice, you are urged to 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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