The Hippocratic Oath obligates health care professionals to do no harm. However, that oath—while certainly respected and followed by most physicians—is not legally binding. Fortunately, state laws impose certain expectations and restrictions on doctors, and if your doctor caused you harm or allowed you to be harmed by failing to abide by those laws, you may have grounds to sue them for medical malpractice.
Pursuing a claim like this without the support of a seasoned personal injury attorney can be challenging. You may experience difficulty proving that a medical professional engaged in malpractice and that their misconduct was the main and direct cause of the losses for which you are seeking compensation. A Merrillville medical malpractice lawyer from The Law Offices of David W. Holub could help you achieve a favorable outcome.
Establishing Valid Grounds for a Medical Malpractice Lawsuit
Under state law, all medical professionals are expected to provide the same standard of care to all of their patients. This essentially means that they must act as any other physician with the same skills and experience would under the same circumstances. For example, a doctor who misdiagnoses a patient’s illness because they did not have enough information to make an accurate diagnosis would not have committed malpractice. However, a doctor who misdiagnoses by ignoring symptoms or failing to thoroughly review their patient’s chart may be legally liable for the resulting injuries and losses.
Like most states, Indiana does not allow people to file malpractice lawsuits without first going through a process of having the case reviewed by a panel of medical professionals. A medical negligence attorney in Merrillville could discuss with you in more detail how this process typically involves submitting a malpractice complaint to the state Department of Insurance. This department will then convene a panel of three health care professionals to review all available evidence and issue a non-binding opinion about the validity of the claim.
What Recoverable Damages Could Be Included in a Malpractice Claim?
Unfortunately, this state imposes a cap on the compensation a person can receive for successfully filing a medical malpractice suit. This cap has historically changed regularly to account for inflation. However, for all cases filed after July 1, 2019, Indiana Code § 34-18-14-3 prohibits individual providers from being liable for more than $500,000 in malpractice damages and individual plaintiffs from recovering more than $1,800,000 in total compensation.
This complicates the process of recovering effectively from life-altering injuries and illnesses. However, it is still possible to substantially improve your overall quality of life through comprehensive civil recovery after being harmed by your doctor’s negligence. One of our medical error lawyers in Merrillville could help you determine the best course of action for your potential malpractice claim.
Seek Help From a Medical Malpractice Attorney in Merrillville
Even by the usual personal injury litigation standards, medical malpractice lawsuits can be uniquely challenging to pursue. However, with help from capable legal counsel, you could be in a better position to enforce your rights without getting entangled in legal or procedural roadblocks during the process.
A consultation with a Merrillville medical malpractice lawyer from our team could provide answers to your pressing questions and the confidence you need for your next steps during a free consultation. Call The Law Offices of David W. Holub today to get started.