Individuals trust doctors to treat injuries and illnesses. They expect to receive the highest quality of care from an attentive medical professional. When doctors fail to meet this standard, patients may suffer grave injuries. They can be left to face new or worsened ailments that require more medical treatment. For this reason, medical malpractice can be painful and expensive. If you or a loved one have suffered harm from a medical professional while receiving treatment, a professional Chesterton medical malpractice lawyer may be able to help you recover damages.

Because of Chesterton’s strict time limit for filing medical malpractice lawsuits, it is important to reach out to a Chesterton medical malpractice lawyer as soon as possible if you believe that a doctor acted with negligence while giving you care. Read on to learn more about how a skilled injury attorney could offer you their assistance today. En Español.

What is Negligence in Chesterton?

In a medical malpractice lawsuit in Chesterton, the injured patient must be able to prove that the medical professional acted negligently. To do so, they must show that the medical professional owed a duty to the patient, they provided substandard care to the patient, and that inadequate care harmed the patient as a result. Know that a qualified injury attorney may be able to assist in proving these events through gathering evidence, interviewing key witnesses, and obtaining a medical examination from an outside source.

Filing a Medical Malpractice Claim

Chesterton has a statute of limitations which prevents individuals from bringing a medical malpractice lawsuit after a certain number of years. Under Section 34-18-7-1 of the Indiana Code, someone must bring a medical malpractice lawsuit within two years of the healthcare professional’s alleged negligent action or inaction. However, there are several notable exceptions.

First, if the patient could not have reasonably discovered the doctor, nurse, or hospital’s negligence then they may have two years from the date of discovering that negligence to bring a case. Second, if a medical professional commits medical malpractice against a patient under the age of six, then the family may wait to file a lawsuit until the child’s eighth birthday. Other exceptions exist if the doctor or nurse acted fraudulently in an effort to conceal the medical malpractice from their patient.

Recoverable Damage Caps

In 2016, Indiana increased the cap on damages from medical malpractice lawsuits for the first time in 20 years. Per Section 34-18-14-3 of the Indiana Code, the new law raised the cap to $1.65 million in 2017 and $1.8 million in 2019. Importantly, these caps apply to the year the alleged medical malpractice occurred, not the date that the individual filed the lawsuit in court.

Reach Out to a Chesterton Medical Malpractice Lawyer Today

Medical malpractice can be debilitating. Often, negligence can leave patients with painful injuries or illnesses. These conditions may require individuals to seek additional medical treatment that results in more fees. If you or a loved one believe you have suffered from medical malpractice, it is important to contact a knowledgeable Chesterton medical malpractice lawyer as soon as possible.

An experienced attorney may be able to answer any questions you have about your case and help guide you through the legal process. Reach out to a dedicated Chesterton medical malpractice lawyer today for your consultation.