Indiana has a specific statute of limitations for medical malpractice lawsuits. Indiana Code section 34-18-7-1 says you must file a medical malpractice lawsuit within two years of the alleged medical error occurring. Medicine is not an exact science, and neither are medical malpractice cases. In general, when a healthcare provider makes a mistake in your treatment, there are likely reasons to seek compensation for your injury or illness.
Medical malpractice law exists to help people like you who have been injured move on with their lives and hold doctors and hospitals accountable for the care they provide, both now and in the future. However, is there a time when medical malpractice is a crime? If your medical malpractice case resulted in someone's death, is it possible that your case requires a criminal trial? Medical malpractice cases occur when healthcare providers fail to follow the standard of care that is right for a situation and the same care that another reasonable provider might have provided. The central issue in a medical malpractice case is doctor's negligence. Mistakes such as leaving surgical tools inside patients, making an incorrect diagnosis, or even wrongful death cases fall under this label.
In most circumstances, medical malpractice cases are a type of civil action or civil case, meaning that you are fighting for compensation from the victim, often without regard to the defendant's punishment. Medical malpractice cases aim to obtain financial support to help with medical costs, loss of income, pain, suffering and disability, along with other things. Jail time is not considered for the defendant. These cases are brought by individual citizens, states, and their medical malpractice lawyers against the person or healthcare provider responsible for the injury or death.
The plaintiff's attorney is responsible for proving, through evidence obtained through medical records, investigations, and consultations with medical experts, that the defendant is responsible for the injuries. While it's not impossible to charge or convict a doctor when a medical error occurs, it's rare. Medical malpractice cases are generally not criminal cases. Extreme circumstances are required for a wrongful death or medical negligence case to become a crime, most of the time with respect to the death of a patient.
Criminal cases are not brought by individuals or estates, but by government prosecutors who work on behalf of victims and the state alike. The objective in criminal cases is the punishment, including imprisonment, of defendants. Prosecutors must be able to prove that the defendant committed the crime in question beyond a reasonable doubt. These requirements don't mean that a medical malpractice lawyer can't help you.
Getting an expert's opinion is the best way to know what path to take with respect to your case. The difference is in a concept called mens rea. This term refers to the intent of what the person involved in the criminal act thought at the time. In most civil lawsuits for medical malpractice or wrongful death, defendants may have been negligent and fail to meet the standard of care that their patients deserved and required, but did not necessarily intend to injure a patient.
Criminal cases require the defendant to make a bad judgment call that goes beyond negligence and puts himself in a position where he committed manslaughter or manslaughter. Medical Malpractice Medical Malpractice Blog When Medical Malpractice Becomes a Crime. Medical malpractice occurs when a hospital, doctor, or other health professional, by negligent action or omission, causes an injury to a patient. Neglect can result from errors in diagnosis, treatment, aftercare, or health management.
Yes, you can sue when a doctor makes a mistake about your illness or injury. This is called a misdiagnosis and is part of the legal field called medical malpractice. Get the medical care you need, and then look for an experienced lawyer to explain if you have a medical malpractice case or not. Case law is an important source of law for resolving various malpractice issues that arise from medical treatment.
Medical malpractice and medical malpractice are different, but they are closely related in that medical malpractice is a type of malpractice. If you are unsure if your medical malpractice case is civil or criminal, contact the attorneys at Wilson Kehoe Winingham. The statute of limitations (the amount of time you have to file a medical malpractice lawsuit) is generally two to six years. Limits on Noneconomic Damages in Personal Injury Medical Malpractice Actions (§766,118 (and () ruled unconstitutional by the state Supreme Court (see North Broward Hospital v.
A judge presiding over a medical malpractice action will review each verdict to determine if the non-economic damage limitation provided in §1483 applies. Medical malpractice cases occur when healthcare providers fail to follow the standard of care that is right for a situation and the same care that another reasonable provider might have provided. But it's important to note that just because something goes wrong or the patient's condition goes from bad to worse, doesn't always mean the patient has a legitimate medical malpractice claim. A doctor cannot be said to have committed medical malpractice simply because a patient's condition worsened during the course of treatment.
If you think you may have a legitimate case, it may be time to discuss your situation with a medical malpractice lawyer. Negligence that rises to the level of medical malpractice can occur in a number of different situations, including failure to diagnose a harmful condition, failure to properly advise the patient of the serious risks of certain treatment, and unacceptable errors during the performance of surgery and other procedures. A doctor can be found guilty of medical malpractice only when he or she fails to meet the standard of reasonable medical care. .