How to Sue for Medical Malpractice

Posted in: Medical Malpractice | Jul 27,2022

We tend to trust doctors and other medical professionals during our most vulnerable moments. But what if something goes wrong? What if an irreversible mistake breaks that sacred patient-doctor faith? Every day, Indiana doctors, nurses, and healthcare providers make preventable errors that have devastating impacts on patients and their families. If you or someone you love has suffered because a doctor misdiagnosed or failed to treat a serious health condition, you may be considering how to sue for medical malpractice. But where do you even begin?

Medical malpractice cases are among the most complex types of personal injury lawsuits in the state. Furthermore, Indiana has a specific set of legal requirements you must meet to file a medical malpractice lawsuit. If you or a loved one have experienced medical negligence and are interested in taking legal action, here is a short guide to medical malpractice lawsuits.

How to prove medical malpractice

No two cases of medical negligence are the same. That said, most medical malpractice lawsuits in Indiana involve the same fundamental components. You must be able to provide evidence of negligence in order to sue a doctor or hospital responsible. Your medical malpractice attorney will work on your behalf to review medical records, consult with medical experts, and calculate economic and non-economic damages. Your attorney will file a lawsuit in Indiana court, negotiate a settlement, and litigate your case to a jury if it goes to trial.

Who gets sued for medical malpractice?

Many different parties can be held liable for medical malpractice. In addition to medical doctors and hospitals, you may also bring legal action against nurses, physician assistants, anesthesiologists, nursing home staff, and anyone else responsible for administering medical care. In some cases, there could be more than one individual or entity accountable for your injury.

Reasons to sue for medical malpractice

A medical malpractice lawsuit applies to many forms of substandard care or negligence. Some of the most common reasons to sue for medical malpractice include:

  • Failure to diagnose
  • Failure to monitor
  • Misdiagnosis
  • Birth injuries
  • Failure to treat
  • Emergency room negligence
  • Anesthesia errors
  • Medication errors
  • Surgical errors

Damages in a medical malpractice case

As the victim of medical negligence, you may seek compensation for damages in a medical malpractice case, such as: 

  • Past and future medical bills
  • Therapy and long-term treatment
  • Lost wages and lost earning power
  • Pain and suffering
  • Emotional distress
  • Additional damages specific to your case.

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

Medical malpractice lawsuits in Indiana

Medical malpractice law varies state-by-state. There are specific steps a plaintiff must take to file a medical malpractice lawsuit in Indiana. Under Indiana’s statute of limitations, you have two years from the date of the medical error to file a medical malpractice claim.

What must be proven in a malpractice case?

A successful medical malpractice lawsuit requires two essential elements, generally:

  1. A healthcare professional failed to meet the medical standard of care*; and
  2. That failure caused damages.

*”Standard of care” refers to the type and manner of treatment administered by a medical professional of the same field under similar circumstances.

How do I prepare for a medical malpractice case?

There are a few steps to consider as you prepare for a medical malpractice case. To prove your case, you will need to present significant evidence. Evidence may include extensive records, bills, documentation, expert witness testimony, and more. The best way to begin preparing for your medical malpractice case is to contact a medical malpractice lawyer as soon as possible. Medical malpractice is a highly specialized area of the law; it is critical to choose a law firm with a depth of expertise in medical negligence cases.

Medical malpractice experts that you can trust

Since 1980, the personal injury lawyers at Miller Montross have been the go-to resource for victims of medical negligence in Indiana. We are intimately familiar with the complexities of the Medical Malpractice Act, the Patient’s Compensation Fund, the Indiana Department of Insurance requirements, and all aspects of Indiana’s civil court system. We work closely with a network of physicians and our board-certified medical doctor on staff to ensure that the evidence in your case will be reviewed by the medical field’s top minds. Get started by contacting us for a consultation today.