Unfortunately, physicians and healthcare facilities make mistakes that lead to injury and sometimes death. When the mistake results in the standard of care being broken, there is a medical malpractice case. Typical medical malpractice cases include improper treatment, procedural mistakes, and improper diagnosis.
Medical Malpractice in Indiana
Medical malpractice cases are governed by the Indiana Medical Malpractice Act. The first step in a medical malpractice case is to submit a proposed complaint to the Indiana Department of Insurance. At that point, the IDOI sends the proposed complaint to the physician or healthcare facility and the appropriate insurance provider. The insurance company then hires defense counsel for the physician or healthcare facility.
Then the parties select a neutral attorney to act as a panel chairperson. The panel chair then assists the parties in selecting a panel of physicians or other experts to serve as the medical review panel.
Once the panel is selected, the injured person or the physician or healthcare provider has the opportunity to ask written or oral questions of each other. Eventually both sides submit medical review submissions to the panel that include statements from the parties, reports, medical records, articles or any other items that could assist the panel to render a decision.
The panel then meets and determines whether the evidence provided shows medical malpractice occurred. The panel then issues an opinion; however, if the panel’s opinion does not conclude malpractice occurred, the injured party can still file his or her lawsuit in state court.
If the panel does find medical malpractice occurred, the first $250,000 in damages are paid by the defendant and/or the insurance company. When there are damages above $250,000, the injured party and Indiana Department of Insurance will try to reach an agreement on the amount of damages. The remaining damages will be paid out of the Indiana Patient’s Compensation Fund up to $1,000,000.00.
If the medical malpractice case goes to trial, the same payouts are as listed, however, it is the jury or judge who determines the award up to a maximum of $1,250,000.00.
Types of Medical Malpractice Cases
- Emergency Room Error
- Childbirth Injuries
- Hospital, Nursing Home, In-Home Care Negligence
- Surgical Injuries, including instruments left, punctured/perforated organs
- Pharmacy Error
- Anesthesia Injuries
Your Medical Malpractice Case
Goodin Abernathy LLP is experienced in handling medical malpractice cases. If you think you have been injured due to medical malpractice, click here to schedule your free consultation.