If you believe you have been harmed by a doctor or other medical professional, you are probably wondering how to take action and seek compensation for your injuries. As difficult as your situation might be, you need to understand upfront that you will likely need to file a lawsuit, and the process can take time. An experienced medical-malpractice attorney will be able to discuss the strengths and weaknesses of your case and advise you on a course of action moving forward.
Indiana has a unique procedure, known as the “medical review panel process.” Before an injured patient can pursue a claim in an Indiana court, typically the patient must first go through this process. In general, three Indiana physicians are randomly selected to review the case. These doctors then make a determination whether they believe medical malpractice occurred. This process can take time, generally 1 to 3 years. A patient cannot just file a lawsuit against a healthcare provider who is qualified under Indiana’s special laws without going through this process. After this process is completed, the patient is then permitted to pursue the claim in court, which can take even more time if the claim does not resolve. Although the timeline can be discouraging, you shouldn’t be deterred from filing a legitimate case.
The commonality among all medical-negligence claims is the healthcare provider’s violation of the standard of care, which, in turn, causes harm to the patient. This standard is important, because when a healthcare provider is negligent but does not cause injuries to the patient, medical-malpractice law in Indiana does not allow a patient to recover damages.
Pursuing a medical-malpractice lawsuit can be a complex and involved process. If you suspect that your injury is due to medical negligence, consider consulting with an attorney. The attorneys of Langer and Langer have handled all kinds of claims of patients throughout Indiana.
Feel free to contact our offices, if you have further questions about Indiana medical malpractice.