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Medical malpractice is a serious concern in Porter County and throughout the country. Medical professionals are held to an extremely high standard, and while many physicians and specialists perform admirably, mistakes happen. From errors in communication to negligent supervision from a physician, medical lapses can lead to significant injuries and even death.

The premise behind most medical malpractice lawsuits is negligence on the part of a medical professional. Doctors, nurses, and other practitioners owe their patients a duty to practice medicine with skill, safety, and care. Failure to live up to these standards breaches that duty.

Medical mistakes can result in severe impairment, loss of function, scarring, and many other types of injuries. The sheer devastation one simple mistake can cause for a family can change the landscape of their lives permanently, which is why seeking legal counsel from a professional Porter County medical malpractice lawyer can help. A skilled attorney can help you fight for fair compensation.

The Statute of Limitations in Porter County

Indiana sets a strict limit on the amount of time one has to file a lawsuit after suffering harm or loss. Following an accident, the potential medical malpractice plaintiff has two years to file a claim or the defendant may ask the court to dismiss the case and the lawsuit could end, according to Indiana Code section 34-18-7-1.

In some cases, if the patient may be unable to determine whether there was harm caused by sub-standard care, the deadline may be extended barring there was evidence proving that the injury was not discovered right way. Indiana also follows a unique rule that allows the plaintiff to “toll”, or delay the time required to initiate the lawsuit, by filing what is known as a proposed complaint with the medical review panel.

Proving Fault in Medical Malpractice Cases

Medical malpractice involves an act or omission performed by a healthcare provider that deviates from the accepted standards of medical practice. Proving this act or omission may be difficult in some cases, as health care providers and their insurance companies have an aggressive team of lawyers on their side that will do everything on their behalf to prevent them from having to pay anything.

To solidify a case, the victim must be able to prove that the healthcare provider performed acts such as:

  • Failing to follow the relevant standard of care
  • Acting negligently which resulted in an injury or death
  • Refusing to owe a duty to the patient

No matter how obvious the mistake may seem, it is almost certain that a claim will be necessary to recover any compensation. Due to the extremely complex nature of medical malpractice claims, the help of a Porter County medical malpractice lawyer may dictate the outcome of one’s lawsuit.

Speak with a Porter County Medical Malpractice Attorney Today

The aftermath of a medical mistake is undoubtedly a time of confusion, fear, and frustration. Fortunately, a skilled Porter County medical malpractice lawyer stands ready to fight for the compensation to which you and your loved ones are entitled. To learn more, call today.