Indiana Medical Malpractice Lawyer

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Medical malpractice is negligence by a health care provider that results in injury, death, or loss of monies. Oftentimes, the negligence is due to the failure to diagnose, or a misdiagnosis, the failure to provide treatment, or treatment in a timely manner. Such negligent acts may be the result of medical treatment received by a physician, counselor, psychologist, or psychotherapist. Negligence can be defined as the failure of a medical professional to provide treatment at the standard of typical good practices offered in a particular field. If you believe that you may have not received adequate medical services, read further to discover some of the unique laws governing Indiana.

Damages sought in a medical malpractice case can differ from state to state. In the state of Indiana there are limits on the malpractice damages that can be awarded. Specifically, liability is limited to $250,000 per health care provider, with a total cap on damages being $1.25 million. For the loss of an unmarried adult companion without dependents, the damages may not exceed $300,000. It is essential to learn the law for each individual state before deciding to move further with potential cases. The patient compensation fund pays malpractice awards over $250,000 up to $1.25 million, thus the attorney fee may not exceed 15% for any monies paid from the patient compensation fund. The statue of limitations does not only regulate the amounts awarded and spent on litigation, but also places constraints on the validity of the time in which legal action occurs in regards to the date of the occurrence.

As many states, Indiana places a two year statue of limitations on cases including negligence, personal injury, wrongful death, and medical malpractice. Specifically for negligence and personal injury the two year is from the date of discovery, or when the wrongdoing should have been discovered. In the case of wrongful death, the two years is from the date of death or from the date of knowledge of injury by radiation or asbestos. As for medical malpractice, the two years commences from the date of injury. In cases involving minors under the age of six, a claim must be filed before the child's eighth birthday. Understanding the law, and hiring qualified and knowledgeable attorneys can ease the trouble of handling negligence cases, especially during a difficult time of recovery. Focus on becoming healthy, and leave the law to the experts.

The one area of which you do have control is in being completely prepared with viable documentation to support your claims. Keep copies of all medical records that state the diagnoses and treatments, x-rays, prescriptions, and journals that chronicle the overall experience. Being prepared will provide the attorney's with the necessary tools needed to fight a convincing battle while you, or your loved one, concentrates on feeling better. Whereas nothing can change what has already occurred, the safe feeling that someone qualified is fighting on your behalf, may ease unfortunate stress levels.

During the challenging times of dealing with illness, everyone places their trust in the doctor's hands. However, even doctors are human, and mistakes can occur. Understanding that as a patient, you have rights that protect your health and safety is important. Do not take your life lightly, know that if you are the victim of medical wrongdoings, that you deserve to be compensated. Finding a knowledgeable attorney, researching the Indiana law, and collecting documentation as proof, are a few steps you and your family can do to reverse the injustices you have experienced.


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