Medical malpractice lawsuits are uniquely complex and difficult to effectively pursue. In the interest of protecting healthcare workers from civil claims that distract them from their vitally important jobs, Indiana state legislators have placed numerous legal restrictions on malpractice cases. These restrictions make it nearly impossible for injured people to pursue a claim on their own, even if they have very strong grounds to build their claim.
Fortunately, you have support available from the knowledgeable personal injury attorneys at The Law Offices of David W. Holub. We have years of experience fighting and winning on behalf of people much like you injured under circumstances much like yours. If you are dealing with a serious injury or illness that you believe is due to misconduct by your treating physicians, you should make speaking with a Lowell medical malpractice lawyer from our team one of your top priorities.
How To File a Medical Malpractice Lawsuit
Before pursuing a lawsuit against a healthcare professional or organization for alleged malpractice in Indiana, a written complaint must first be filed with the Indiana Department of Insurance. This will then trigger a medical review panel to convene, consisting of three medical professionals and an attorney to serve as chairperson. The panel will review all evidence submitted by the injured person and the healthcare provider(s) and determine whether the healthcare provider(s) violated the applicable “standard of care.” In other words, the medical review panel decides whether the doctor’s actions were so irresponsible that no equally qualified physician would have acted the same way under the same circumstances.
Once the review panel passes down its opinion, the injured party has a maximum of 90 days to formally file suit in court, with guidance from a seasoned Lowell medical malpractice attorney. It is worth noting that while the review panel’s conclusions can be used as evidence during an ensuing malpractice court case, the panel’s opinions are not considered conclusive evidence in support of either side. It is not uncommon for the panel to find that significant questions of fact should be decided by a judge or jury.
What Are the “Damage Caps” for Medical Malpractice Cases?
Even if someone suing over malpractice wins a court verdict in their favor or negotiates a settlement, Indiana Code § 34-18-14-3 caps total recovery for an individual at $1.8 million for claims arising after July 1, 2019. While some states with similar caps impose them only on recovery for “non-economic” damages such as physical pain and suffering, Indiana imposes this cap on recovery for all damages stemming from a single act of malpractice, including “economic” damages like medical bills and lost work income.
Additionally, this section of state law prohibits individual providers from being held liable for more than $500,000 of total damages sustained by any one patient. The remainder of that patient’s damages is generally paid out of a “patient’s compensation fund” managed by the state Department of Insurance, as a medical malpractice lawyer in Lowell could explain in more detail.
Get Help from a Lowell Medical Malpractice Attorney Today
Everyone who seeks treatment from a licensed medical professional deserves to receive high-quality and compassionate care from every provider involved in treating them. However, not every Hoosier who goes to a hospital or even their Primary Care Physician is treated as well as they should be, and sometimes that subpar care has life-altering consequences.
If you want to take legal action against a negligent physician or healthcare facility, reach out to a Lowell medical malpractice lawyer from The Law Offices of David W. Holub today.