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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. Additionally, 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.
Medical malpractice commonly includes the following types of cases:
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 are capped at $1.65 million. In 2019, the cap will rise 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.
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 Indianapolis Medical Malpractice Attorneys of Wilson Kehoe Winingham. The lawyers 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.