People trust doctors to treat injuries and illnesses. They expect to receive the highest quality of care from an attentive medical professional. But, when doctors fail to meet this standard, patients may suffer. They can be left to face new or worsened injuries or illnesses that require even more medical treatment. Medical malpractice can be painful and expensive.
If you or a loved one suffered harm from a medical professional while receiving treatment, our personal injury lawyers can help you to 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 if you believe that a doctor, nurse, or other medical professional may have harmed you.
In a medical malpractice lawsuit in Chesterton, the injured patient must be able to prove the medical professional acted negligently. To do so, they must prove:
Chesterton has a statute of limitations which prevents a victim of medical malpractice from bringing a lawsuit after a certain number of years. Under Section 34-18-7-1 of the Indiana Code, a person 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 did not discover and could not have reasonably discovered the doctor, nurse, or hospital’s negligence then they may have two years from the date of discovering the negligence. Garneau v. Bush, M.D., 838 N.E.2d 1134, 1141 (Ind. Ct. App. 2005).
Second, under Section 34-18-7-1 of the Indiana Code, if a medical professional commits medical malpractice against a patient under the age of six then the family may 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.
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 person filed the lawsuit in court.
Medical malpractice can be debilitating. Often, negligence can leave patients with painful injuries or illnesses. These conditions may require individuals to seek more medical treatment that results in more fees.
If you or a loved one believe you may be a victim of medical malpractice, it is important to contact a knowledgeable Chesterton medical malpractice attorney. An experienced attorney may be able to answer any questions you have about your case and may be able to help guide you through the legal process. Call today for a free consultation.
