Indianapolis Medical Malpractice Lawyers
Indiana Medical Malpractice Claims and Litigation
In order to recover damages for serious personal injury or wrongful death as a result of a physician's negligence, it is no longer sufficient to serve and file a complaint alleging the facts that would support a finding of malpractice. Instead, there are a number of requirements that must be met before being able to file in court.
In 1976, when Dr. Otis Bowen was Indiana's Governor, the Indiana Malpractice Act was passed. This law contains a number of protections for healthcare providers that other people and professions do not enjoy. There are limits on the amount of damages that can be recovered no matter what amount a jury might determine is fair compensation for harms caused by the negligence of a healthcare provider; before being able to file a medical malpractice case in court a "proposed complaint" must be filed in the Indiana Department of Insurance and; before being filed in court every case must be submitted to a panel of three fellow healthcare providers for review and an opinion on whether or not the panel feels there was malpractice or not.
Once this opinion is issued, then the patient or the patient's family can file in court. The opinion of the three panel members can be submitted at trial but it does not resolve the issue as the jury can give it whatever weight they think is appropriate and can either reject or accept the opinion. This process can be very time consuming so medical malpractice cases often take a long time to get to trial.
To learn more about your right to damages for the negligent treatment of a physician, surgeon, nurse or hospital, contact the Indianapolis law firm of Young & Young for a free consultation. Our experience with the changing requirements of Indiana medical malpractice law can give you a significant advantage in the ultimate resolution of your claim.
We represent clients in personal injury and wrongful death litigation against health care professionals whose wrong choices have resulted in serious and disabling injury or death. Typical consequences of the most severe instances of professional negligence include organ failure, permanent brain damage, paralysis, or death of the patient. Examples of the kinds of medical malpractice cases we handle include the following:
- Misdiagnosis or failure to diagnose a patient's medical condition
- Serious errors in prescribing or administering drugs or other medication
- Surgical errors, including anesthesia mistakes or improper postoperative care
- Birth injuries caused by negligence in the delivery room
- Emergency room errors in diagnosis, treatment or discharge of the patient
- Radiology errors
- Negligent treatment by hospital staff
Our experience with medical malpractice cases throughout Indiana helps us distinguish valid cases from doubtful ones, including establishing the causal link between a doctor's wrong choices and the patient's injury. We engage medical experts early in the evaluation process fairly and objectively evaluate cases to help make this determination. For additional information about our approach to client service in medical malpractice cases, contact a knowledgeable medical malpractice lawyer at Young & Young in Indianapolis.