Whether you are just getting a regular check-up from your primary care physician or seeking emergency treatment at an urgent care facility or emergency room, you have a right to expect compassionate and high-quality care from every healthcare practitioner you encounter. Unfortunately, holding a healthcare practitioner liable for failing to meet this “standard of care” and injuring you as a result is far easier said than done.
There are numerous unique rules and restrictions established under Indiana state law that apply to medical negligence claims. Navigating these regulations without help from a seasoned personal injury attorney can be next to impossible. If you want to recover for the harm that your doctor unfairly caused you, it is in your best interest to work with a Lawrence medical malpractice lawyer.
In the interest of protecting healthcare professionals from “frivolous” litigation, Indiana law generally prohibits state residents from filing suit against healthcare professionals without first getting an opinion on their claim’s validity from a medical review panel. The only circumstances under which this is not required are if the injured party declares that they are seeking less than $15,000 in total damages, or if the injured party and their prospective defendant(s) agree in writing to skip this process altogether.
Otherwise, anyone intending to sue a doctor, nurse, specialist, technician, or other healthcare provider over negligent care must file a complaint in writing with the state Department of Insurance. Following this, a panel of three healthcare professionals and one practicing attorney who serves as chairperson will be convened to review evidence and deposition transcripts. These will be submitted by both the prospective claimant and the prospective defendant(s).
Based on evidence presented to them, the panel will pass down an opinion about whether the defendant physician(s) failed to meet the applicable standard of care, whether that failure directly contributed to causing the claimant’s injuries, and how severely the claimant has been harmed.
Medical malpractice can occur in all kinds of ways. A doctor might misdiagnose, fail to diagnose, or fail to conduct proper tests when the standard of care says they should have. A patient can also experience a nursing error, ER negligence, or errors while in surgery – including from anesthesia, wrong site surgery, or from objects left in the body.
In addition, a patient may experience negligence from the hospital in general, from a pharmacist, or even a physical therapist. Any violation of medical care could be grounds for a lawsuit.
The Indiana Medical Malpractice Act places a “cap” on how much money a malpractice plaintiff can recover for all their damages——through a successful lawsuit or settlement demand. This is not just for non-economic damages, as is the case in many other states. For causes of action arising on or after July 1, 2019, the applicable cap is $1.8 million. A medical negligence lawyer in Lawrence could further explain what damages might be available in a certain situation.
Even if it seems obvious that a doctor provided you with substandard care and directly caused you physical harm, proving that in a legal setting can be difficult. Without guidance from experienced legal counsel, you will likely have a hard time getting any civil compensation at all, let alone the full amount you deserve for your damages.
A seasoned Lawrence medical malpractice lawyer is ready and available to help you enforce your rights. Call today for a consultation with McCready Law.
