At Wagner Reese, we focus on medical malpractice claims, providing legal representation to those affected by medical negligence. Our approach to handling complex medical malpractice cases involves thorough investigations, collaboration with medical experts, and meticulous preparation to build strong, compelling cases.
Our personal injury attorneys in Terre Haute, IN, help our clients achieve favorable outcomes, ensuring they receive the compensation and justice they deserve for their suffering and losses.
Whether dealing with misdiagnoses, surgical errors, or other forms of medical negligence, Wagner Reese advocates for your rights and well-being.
Better Understand Indiana Medical Malpractice Law
Understanding these aspects of Indiana medical malpractice law is crucial for navigating the legal process and ensuring that victims receive the justice and compensation they deserve.
Statute of Limitations
In Indiana, the statute of limitations for filing a medical malpractice claim is generally two years from the date of the alleged act of malpractice. However, if the injury isn’t discovered within this period, the “discovery rule” may apply, allowing victims to file a claim within two years from the date the injury was discovered or reasonably should have been discovered. For minors under the age of six, a claim can be filed until their eighth birthday.
Medical Review Panel
Before a medical malpractice lawsuit can proceed to court in Indiana, it must first be reviewed by a Medical Review Panel. This panel consists of three healthcare professionals and one attorney who acts as a non-voting chair. The panel reviews evidence and provides an expert opinion on whether the standard of care was breached and if it caused the injury. While the panel’s opinion isn’t binding, it can influence the outcome of the case.
Damage Caps
Indiana imposes caps on compensation that can be awarded in medical malpractice cases. The total amount recoverable is capped at $1.8 million. This cap includes both economic damages (such as medical expenses and lost wages) and noneconomic damages (such as pain and suffering). The healthcare provider’s liability is limited to $500,000 per occurrence, with the remaining amount covered by the Indiana Patient’s Compensation Fund.
Patient’s Compensation Fund (PCF)
Indiana has established the Patient’s Compensation Fund (PCF) to provide additional coverage for medical malpractice claims exceeding the healthcare provider’s liability limit. Healthcare providers contribute to this fund annually to remain qualified under Indiana’s Medical Malpractice Act. The PCF is designed to ensure that victims receive full compensation up to the statutory cap.
Comparative Fault
Indiana follows a comparative fault system, meaning that if the victim is partially at fault for their injuries, their compensation will be reduced by their percentage of fault. If the victim is found to be 51% or more at fault, they cannot recover any damages.
Get Help From Terre Haute Malpractice Attorneys
Medical malpractice lawyers play a crucial role in assisting victims in understanding their legal rights. We begin by providing a thorough consultation to evaluate the specifics of the case, explaining the relevant laws and how they apply to the victim’s situation.
Our lawyers guide victims through the complexities of the legal process, including the statute of limitations, the necessity of a Medical Review Panel, and the implications of damage caps on potential compensation. We help gather and interpret medical records, consult with medical experts, and build a strong case to demonstrate negligence and causation.
By clearly communicating each step, potential outcomes, and legal strategies, our medical malpractice lawyers empower victims with the knowledge and confidence needed to pursue their claims effectively. This comprehensive support ensures that victims are fully informed of their rights and the legal avenues available to them, enabling them to make educated decisions about their pursuit of justice and compensation.
We Fight for Compensation for Medical Negligence
If you or a loved one has suffered due to medical negligence, it’s essential to seek experienced legal representation to secure the compensation you deserve. Contact Wagner Reese today for a free consultation. Our dedicated medical malpractice lawyers will guide you through the complexities of your case, ensuring your rights are protected and you receive fair compensation for medical expenses, lost wages, pain and suffering, and more.
Don’t navigate this challenging time alone—reach out to Wagner Reese. Let us fight for the justice and financial recovery you need to move forward. Your path to healing and justice after a devastating medical malpractice injury starts with a call.
