Indiana laws protect victims of physical and psychological injuries caused by medical malpractice. Yet only some people know the state’s definition of this type of injury.
Navigating the complex legal process of medical malpractice can be daunting. It is even harder for the victim to state their claim. They also need help to get fair compensation.
If someone understands what medical malpractice in Indiana is, they will know what to do if an incident happens.
Medical Malpractice In Indiana
In Indiana, medical malpractice is a health tort or breach of contract in which a healthcare professional does not provide a patient with the appropriate level of care.
Victims of medical malpractice, along with their attorneys, must follow three points to file a claim:
- They must prove a patient-physician relationship.
- They must prove that a duty of care existed.
- They must prove negligence or that the health care provider breached that duty.
- They must prove that the breach of duty caused injury, damage or physical pain.
In Indiana, a medical panel reviews each case in detail before it goes to trial. Some medical errors are considered malpractice. Here are some examples:
- Birth injuries.
- Medication errors
- Surgical errors
- Lack of diagnosis or misdiagnosis
- Anesthesia errors
- Delayed diagnosis
The amount of compensation in Indiana is limited. Yet victims can file a claim. Money is not a substitute for physical and emotional pain. But it can help cover medical expenses.
What To Do?
If you have suffered from medical malpractice and would like to file a claim, you should contact an attorney experienced in medical malpractice. Not all mistakes made by a healthcare professional are considered medical malpractice. Therefore, the advice of an attorney is essential to knowing whether your case is considered malpractice.
The attorney should provide guidance and carefully analyze your case. If you have doubts about the legal process, he or she will help you significantly.
An attorney can file the claim with the Department of Insurance and begin the journey with you in pursuit of compensation. There are statutes of limitations in Indiana for filing a medical malpractice claim. Therefore, action must be taken immediately.