Just because you're not satisfied with your treatment or the results doesn't mean the doctor is responsible for medical malpractice. The doctor must have been negligent in relation to your diagnosis or treatment. To sue for negligence, you must be able to prove that the doctor caused you harm in a way that a competent doctor, under the same circumstances, would not have done. Doctor's care is not necessary to be the best it can be, but simply reasonably skilled and careful.
Whether the doctor was reasonably skilled and careful is often the basis of a medical malpractice lawsuit. Nearly every state requires the patient to present a medical expert to discuss the appropriate standard of care and show how the defendant deviated from that standard. In Indiana, the statute of limitations for filing a medical malpractice lawsuit is usually two years from the date of the injury. If you wait longer, you may not be able to claim the damages you were entitled to.
However, some circumstances may extend your time to file a lawsuit, so be sure to consult an attorney about your case, even if it's been more than two years. Sometimes, an individual physician or other medical provider may be found to have been negligent in their duty. At other times, a series of missteps or oversights may have contributed to medical error and hospitals, groups of doctors, or medical laboratories may be at fault. Attorney Mike Stephenson was hired by the State of “D, P.
file a medical malpractice lawsuit against Community Hospital in Indianapolis, as well as a lawsuit against a surgeon who failed to timely identify a small bowel obstruction. Our client had been to the Community Hospital emergency room on three separate occasions within a five-day period complaining of stomach pain. On his third trip to the hospital, the emergency room doctor ordered a series of KUB films. Take action sooner rather than later if you suspect that you or a loved one is suffering as a result of medical malpractice.
When dealing with medical malpractice cases, the statute of limitations applies to a “qualified healthcare provider,” once the administrative process is timely initiated. Medical malpractice occurs when a patient suffers harm from the actions or inactions of a medical provider. Finding a Qualified Medical Malpractice Lawyer Can Mean the Difference Between Receiving Compensation for Your Injuries and Leaving Empty-Handed. If you suffered injuries due to medical malpractice and you're not sure how long you have to file a claim, the best thing to do is to contact your local medical malpractice lawyer for a free consultation.
Review panel findings can be filed in court, and courts often rely on a review panel's finding that there is no medical malpractice to dismiss a case before it goes to trial. In Indiana, an injured patient can file a medical malpractice case against a healthcare provider, including a doctor, nurse, physical therapist, and mental health care professional. But there are some general principles and broad categories of rules that apply to most medical malpractice cases. Generally, the extent of whether a medical provider was “negligent” or failed to provide adequate care depends on whether the patient would have received the same standard of care from another medical provider under similar circumstances.
For help choosing a good medical malpractice lawyer, read Nolo's article How to Find a Personal Injury Lawyer. The Indiana Medical Malpractice Act provides immunity from liability to government entities and their employees when acting within the scope of their employment. Since 1975, a large proportion of Indiana medical malpractice cases have been governed by the Indiana Medical Malpractice Act, which serves to balance protection for both patients and their doctors. This expert will review your medical records and certify that the original healthcare provider deviated from accepted medical practices, resulting in your injuries.