Indianapolis Medical Malpractice Attorneys
Answer Frequently Asked Questions

The direct answer is that you don’t know unless you have the case evaluated by a doctor. In order to succeed in a malpractice claim, you must prove that you received substandard care, that you suffered an injury, and that the substandard care caused the injury.

All three of these elements must be proven by an expert witness.

Our firm has over 30 years of experience in Indiana Medical Malpractice law. Our staff includes a physician attorney and many experienced paralegals who work with our attorneys to help you. Our people, knowledge, systems and network of professionals help to maximize the strengths of your case.

In general, you have two years from the date of the malpractice to bring a lawsuit. However, the time for bringing a claim may be extended if the malpractice continues over a period of time. Young children have either two years or until their eighth birthday to bring a malpractice claim, whichever is later. This can be a complicated issue and requires a review by an attorney. It is a good idea to get advice about a potential medical malpractice lawsuit as soon as possible, so records can be obtained and a complete review conducted.

Every medical malpractice claim is different, and it is difficult to determine the exact value. One issue is whether the claim is for injury or death. The ultimate answer is that your claim is worth whatever a jury will award you.

Some factors that go into determining the value of a claim include:

• Past and future medical bills caused by the malpractice
• Past and future lost wages
• Permanent impairment
• Pain and suffering
• Emotional injury
• If death, loss of love and affection and companionship of a deceased loved one.
• If there is a minor child, loss of parental guidance.

Under Indiana law, the defendant and the insurance carrier are responsible for the first $400,000 of damages. The Indiana Department of Insurance is responsible to pay for any additional damages up to a maximum of $1,250,000. If a jury were to award a higher amount, the judge will automatically reduce the award to the statutory maximum recovery of $1,650,000.

It varies. The case must be reviewed by an MRP and may also go to a jury trial. Most cases take over a year, and some take several years. Contact our office for an evaluation of your case.