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Important Indiana Medical Malpractice Laws

  • When you’ve been injured after seeking medical treatment due to the negligent actions of the medical team providing your care, you may be able to pursue a medical malpractice claim against your healthcare providers for not adhering to the standard of care expected of them.

    Indiana has many unique medical malpractice laws. You’ll need to be aware of these laws prior to beginning the claim process so you are prepared for what’s to come. Read on to educate yourself about the most important medical malpractice laws in Indiana.


    Defining Medical Malpractice

    Although there are risks involved with most types of care, when a physician, nurse, surgeon, or other caregiver makes a mistake that another professional of similar experience, education, and training would not have made, you will have the opportunity to file a medical malpractice claim to recover compensation for your damages.

    Before you can formally file your claim, you’ll likely need to file a complaint with the medical review panel. Generally speaking, this panel will consist of healthcare professionals and one attorney. The panel will examine your case to determine whether the defendants in your claim were, in fact, negligent in their care. If they find in your favor, you can then proceed with your medical malpractice claim.


    How Long Will You Have to File Your Claim?

    The statute of limitations for filing a medical malpractice claim in Indiana is two years from the date the incident occurred or from the date you were diagnosed with an injury related to the care you received from the healthcare provider in question.

    The statute of limitations can also be delayed by ninety days when you file your complaint with the medical review panel. If you don’t pursue your claim before the statute of limitations runs out, you will, unfortunately, be barred from recovering your damages.


    Obtaining the Compensation You Deserve

    Our goal is to secure maximum compensation for your suffering. Many states apply what’s known as a “damage cap” on the amount you’ll be awarded, and Indiana is no different. However, in Indiana, this cap is on the total amount you can receive, not just on economic, non-economic, or punitive damages.

    If your injuries occur between June 30, 2017, and July 1, 2019, the cap on your damages will be $1,650,000. Your attorney will do what it takes to ensure that you recover maximum compensation for your damages.


    Call an Indianapolis Medical Malpractice Lawyer

    When you’re ready to hold your healthcare provider accountable for his or her negligence, reach out to a qualified Indianapolis medical malpractice lawyer at Kooi Law. We are pleased to provide prospective clients with a free case review. Schedule yours by filling out the quick contact form on our website or by giving our office a call at 317-569-1335.