FAQS
HOW DO I KNOW IF I HAVE A MEDICAL MALPRACTICE CASE?
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.
ARE HOSPITALS LIABLE FOR THEIR EMPLOYEES’ NEGLIGENCE?
All three of these elements must be proven by an expert witness.
HOW DO I PROVE MEDICAL NEGLIGENCE?
HOW TO FILE A MEDICAL MALPRACTICE CLAIM?
HOW MUCH CAN YOU GET FROM A MALPRACTICE LAWSUIT?
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.
HOW LONG DOES A MEDICAL NEGLIGENCE CASE TAKE?
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