Medical Malpractice in Indiana

Medical malpractice arises when a doctor or medical facility harms a patient. There are different medical malpractice laws per state, so you should review your state’s laws to determine whether you have a case. These laws can influence the statute of limitations for filing a medical negligence claim. Additionally, they can dictate whether you have to notify the doctor or medical facility beforehand.

What Evidence Do I Need for Indiana Medical Malpractice Claims?

The burden of proof falls on the injured party in filing a medical malpractice claim. To prove your case, there are several conditions you must establish. An experienced Indiana medical malpractice lawyer can guide you through this entire process.

While there can be some differences in details based on the state in which you file your claim, there are some standard benchmarks to try and hit.

  • There was a working relationship between the doctor and the patient. 
  • There was negligence on behalf of the doctor – You must prove the doctor was negligent in his or her diagnosis. You cannot sue a doctor for medical malpractice simply because you did not like their treatment or diagnosis.
  • There needs to be cause and effect – Cases usually involve long-term injuries. You must prove the injuries referenced in the claim are a direct result of the doctor’s care and not because of any pre-existing condition.
  • The injury represented in the claim led to further injury – You cannot sue for malpractice unless you suffer a direct injury. There are multiple types of pain that any Indiana patient can sue for currently.

Indiana’s Medical Malpractice Act provides the rules for suing a health care provider or facility in the state. Under the Act, proving malpractice requires a breach of duty or a negligent act or omission that causes injury or damage to the patient. In addition, the lawsuit could allege breach of contract, most commonly involving informed consent issues.

Hospital Responsibility

You may wonder if you can also sue the Indiana hospital or facility where the doctor works. In most situations, you cannot sue a hospital for the malpractice of a doctor. Most doctors are independent contractors, which absolves hospitals from liability. Nurses and other hospital staff are direct employees, so if the malpractice occurs through one of them, then there are grounds to sue the facility. So, unless the doctor is directly employed by the hospital or facility, they are not liable.

Types of Medical Malpractice

As long as you meet the conditions to file, you have grounds to file a claim, but you will need to decide in which category your claim falls. The most common categories include the following:

  • Wrongful treatment – A doctor treats you poorly and in a way that no other credible medical professional would.
  • Failure to diagnose correct illness – The doctor misdiagnosed your malady and caused an injury.
  • Failure to disclose risks to patients – The doctor fails to inform you of the medical risks. Or, they did not carry out their duty of informed consent. As a result, their inaction prevented you from making an informed decision about the procedure or treatment.

There are additional categories or reasons for filing a lawsuit, such as the following doctor errors:

  • Misreading or ignoring test results from the lab
  • Making surgical errors
  • Not following up properly or not offering adequate post-care
  • Performing unnecessary procedures or surgeries

Damages Available in Indiana

There are three types of damages a court will award for medical malpractice.

  • General damages – Compensation for physical or mental suffering due to the negligent actions of the doctor
  • Punitive Damages – Damages awarded as punishment for the medical professional or facility at fault
  • Special Damages – Damages for expenses from medical bills and lost wages

While many states limit noneconomic damages for pain and suffering, Indiana takes a different approach. Indiana law uses a two tier system that limits total damages, both economic and noneconomic. The first tier limits an individual defendant’s liability to $500,000. The second tier limits the plaintiff’s total recovery to $1.8 million. Any recovery over the first tier cap will come from the Indiana Patient’s Compensation Fund.

Statute of Limitations

Medical malpractice claims carry a strict statute of limitations, which vary depending on the state. If you do not file the claim within the statute of limitations, the court will dismiss the case with prejudice regardless of the facts.

Under Indiana statute, you must file most medical malpractice claims within 2 years of the alleged act, omission, or neglect. However, according to the Indiana State Medical Association, the court may allow a late claim in rare cases. Typically, this would involve a situation where the plaintiff could not reasonably discover the injury during the 2 year period.

Medical Malpractice Review Panels

In some states, you must first submit your claim to a review panel of medical experts. The panel hears the evidence and expert testimony to decide whether malpractice occurred. Keep in mind, their decision does not equate to a court’s decision. Still the panel is often a necessary step in building toward a lawsuit. Furthermore, it can lend significant credibility to a claim. The findings of the review panel will make their way to court, and the court often references them to influence its ruling.

In most cases, you cannot file a medical malpractice lawsuit in Indiana without first filing a complaint with the Indiana Department of Insurance (IDOI). The two exceptions are cases involving $15,000 or less and cases where all parties consent to bypass this process. In all other situations, the IDOI will convene a panel consisting of 3 healthcare professionals and 1 attorney. All parties must submit their written evidence, and the panel will determine if there was malpractice. The panel’s opinion is non-binding, but it is admissible in court. In addition, panel members can and often do serve as expert witnesses at the subsequent trial.

Do I Need to Hire an Attorney?

Medical malpractice claims in Indiana can be complex and difficult to prove. It can be an overwhelming task, especially if you are still suffering as a result of the doctor’s actions. We recommend consulting with a personal injury attorney in Indiana with experience in medical malpractice.

A medical malpractice attorney can help you in many ways to put together your case. Working with an attorney means he or she will often do the following:

  • Build your case
  • Collect important evidence
  • Find expert witnesses to testify on your behalf
  • Help you prepare for the malpractice review panel
  • Take your claim to court

Work with an Experienced Local Lawyer in Indiana

Since your case is incredibly important to you, it makes sense to seek legal help. You should at minimum consult with a qualified Indiana attorney who is familiar with such cases. We can even help you connect with an attorney across Indiana state lines.

 Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

How It All Works

Call us or answer the questions on this site. Your category, location, and additional information will help us connect you to a legal professional and we’ll send you the results instantly.

Which Areas of Law?

We have attorneys in over 20 legal categories to choose from.

How Much Does This Cost?

We don’t charge you to be connected. Some legal categories require upfront fees while others do not. The legal professional will determine this with you before you commit to anything.