When you get injured in Indiana or develop an illness, the hospital is the one place you can go where you likely feel safe. The hospital is filled with licensed professionals who can care for you and make you feel better when you’re at your worst. Whether you need medication or surgery, there are doctors and nurses who will do their best to nurture you back to health.
But what happens when you go to the hospital and leave feeling worse than when you came in? What happens when the doctors you thought you could trust are the ones who cause your injuries?
Medical malpractice claims result when doctors and other medical professionals are negligent. When this negligence leads to patient injuries, the doctor or the hospital must pay up.
Filing for medical malpractice in Indianapolis is more complex than filing a personal injury claim. You must follow a specific process, and if you hope to receive the maximum settlement for your damages, you’ll need an Indianapolis personal injury lawyer experienced in handling medical malpractice claims.
If you’ve been reading our blog on malpractice for a while, you likely already know the first step in any medical malpractice case is proving negligence. All doctors must treat every patient with the same level of care and attention.
When a doctor violates the standard of care and injures someone as a result, they can be held accountable for any damages. If a hospital employs the doctor, the hospital may be financially liable.
The Statute of Limitations
In Indiana, the statute of limitations for filing medical malpractice claims is two years from when the malpractice occurred. If you don’t discover the malpractice or the injury caused by the malpractice until a later date, the two-year clock begins on the date of discovery.
To file a medical malpractice claim in Indiana for more than $15,000, you must file an initial complaint. You must submit this initial complaint to a medical malpractice review panel before your claim can proceed to the courts.
Damage Recovery Limits
The damage caps for medical malpractice claims in Indiana have changed throughout the years. Beginning on June 30, 2019, the total settlement a victim can recover for medical malpractice is $1,800,000. The court can only require the health care provider to pay $500,000 of this settlement. The state’s patient’s compensation fund must pay the rest.
There are more complex rules regarding medical malpractice claims in Indiana, which is why it’s essential to speak with a lawyer and gain their support. When you’re injured because of negligence, you deserve justice and compensation for what you’ve been through.