Indianapolis Medical Malpractice Lawyers

What Is Medical Malpractice Under Indiana Law

Medical malpractice occurs when a healthcare provider's treatment falls below the accepted standard of care, causing harm to a patient. Not every bad outcome equals malpractice, though. Some treatments and procedures involve risks, and complications can happen even with proper care and everything done correctly. The legal question is whether the provider acted as a reasonably competent healthcare provider with similar training would have acted in the same situation.

To prove medical malpractice in Indiana, you must establish four elements:

1. The provider owed you a duty of care through a doctor-patient relationship.
2. The provider breached that duty by deviating from the accepted standard of care.
3. The breach directly caused your injury, meaning you wouldn't have been harmed if the provider had acted properly.
4. You suffered measurable damages as a result, including medical expenses, lost income, pain, or disability.

This requires medical testimony establishing the proper standard of care and how the provider's actions fell short. That's why having attorneys who understand both the medicine and the law makes all the difference in these cases.

Indiana Medical Malpractice Law: What You Need to Know

Indiana has specific laws governing medical malpractice claims that significantly impact how cases proceed and what compensation victims can recover. Understanding these rules is critical to protecting your rights.

Medical Review Panel Requirement

Before filing a malpractice lawsuit in court, patients must submit their claims to a medical review panel consisting of three healthcare providers and one attorney chairman. This panel:

• Reviews your medical records and evidence
• Hears testimony from both sides
• Issues an opinion on whether malpractice occurred
• Completes the review within 180 days

The panel's opinion isn't binding on either party, but it can have a significant impact on settlement negotiations and trial strategy. Presenting a compelling case to the medical review panel requires thorough preparation and medical evidence.

Exception: Claims seeking $15,000 or less can proceed directly to court without panel review.

Compensation Caps

Indiana limits the total compensation available in medical malpractice cases based on when the malpractice occurred:

• After June 30, 2019: $1.8 million maximum total recovery
• July 1, 2017 – June 30, 2019: $1.65 million maximum
• Before July 1, 2017: $1.25 million maximum

These caps apply to all damages combined, including medical expenses, lost wages, pain and suffering, and future care costs. There's no separate "unlimited" category for economic damages.

How the cap is divided:

• The healthcare provider is responsible for the first $500,000 (for malpractice after June 30, 2019).
• The Indiana Patient's Compensation Fund covers the remaining amount up to the cap.

This system aims to keep Indiana medical malpractice insurance costs manageable for providers while ensuring patients can receive significant compensation when needed. However, it also means that victims with severe, permanent injuries often cannot recover their full losses.

Statute of Limitations

The deadline for filing medical malpractice claims in Indiana is generally two years from the date of the malpractice. However, important exceptions apply:

• Minors under age 6: Have until their 8th birthday to file;
• Continuing treatment: The clock may not start until treatment with the same provider ends;
• Discovery rule: In cases where the injury wasn't immediately apparent, the two-year period may begin when you discover (or reasonably should have discovered) the harm.

Missing the statute of limitations deadline means losing your right to compensation forever, regardless of how strong your case might be. Don't wait to find out whether you're still within the filing period.

Compensation Available in Medical Malpractice Cases

While Indiana's compensation cap limits total recovery, victims can still seek damages for the full impact of their injuries up to that limit. Compensation categories include:

Economic Damages

• Past and future medical expenses for treatment, surgery, rehabilitation, and ongoing care;
• Lost wages from time missed at work during recovery;
• Lost earning capacity if injuries prevent you from returning to your previous job;
• Medical equipment, home modifications, and assistive devices;
• Transportation costs for medical appointments and treatment.

Non-Economic Damages

• Pain and suffering from the injury itself and the required treatments;
• Loss of quality of life and inability to enjoy activities you previously loved;
• Emotional distress, anxiety, and depression resulting from the malpractice;
• Permanent disability and disfigurement;
• Loss of consortium for spouses whose relationship has been damaged.

Every case is different, and the value depends on the severity of your injuries, the impact on your life and work, and the strength of evidence proving the healthcare provider's negligence. We fight to recover the maximum compensation allowed under Indiana law.

The Legal Process for Indiana Medical Malpractice Claims

Understanding what to expect can help you make informed decisions about pursuing your case.

Why You Need Attorneys Who Actually Try Cases

Insurance companies track which law firms settle quickly and which ones take cases to trial. When you hire a law firm known for aggressive litigation and not afraid to try a case in front of a jury if it’s necessary, the insurance company's approach changes immediately.

CohenMalad, LLP's trial-ready approach means:

• Insurance companies know we won't accept lowball offers.
• We build cases with the evidence and expert testimony needed to win at trial.
• Settlement negotiations happen from a position of strength.
• You get maximum compensation, whether through settlement or verdict.

We aren't a settlement mill looking for quick closures. We're trial attorneys who fight for every dollar you deserve.