When A Medical Professional Commits An Error
As an Indiana firm known for our work with medical malpractice cases, we have a long history of successfully helping people who have been injured by the actions or inactions of medical professionals and the organizations they serve.
While not every personal injury attorney or firm has the resources, training and specialized knowledge required for these types of cases, at Pavlack Law, LLC, we do. Call 317-978-9538 to speak with us, free of charge, about what happened to you or a family member.
We will walk you through the process. As a firm with a known reputation for achieving results in these cases, our team is often sought out by other injury attorneys when a malpractice element is involved.
How Indiana’s Medical Malpractice Act Affects Compensation
Indiana’s Medical Malpractice Act puts an amount on the total damages or money that can be sought in a medical malpractice case. Under this act, doctors are only liable for up to $250,000 in damages for any one case. Over the course of one year, a doctor cannot be held liable for more than $750,000. There are other avenues of compensation to pursue. These avenues include the Indiana Patient’s Compensation Fund (PCF). The PCF can be pursued to cover any costs above the $250,000 threshold.
What Constitutes Medical Malpractice In Indiana?
Because these laws are state laws, they will vary from state to state. In our state, we are able to pursue a medical malpractice claim (a legal wrong) when a health care provider either does something to cause patient harm or does not do something and a patient is harmed.
How A Medical Malpractice Claim Is Filed
The steps, in simplest terms, proceed as follows: Typically, since these cases can be extremely complex, an attorney will investigate the event, and then, when that attorney deems is warranted, they will collect evidence and file a complaint with the Indiana Department of Insurance via certified mail. This must be done within two years of the date of injury. A medical review panel is then requested to review what the attorney has put together. The panel has 180 days to review the evidence and form an option as to whether there is a case. If there is adequate evidence, your case will then proceed to court. In many instances, these cases are settled out of court.
Types Of Medical Malpractice Cases We Take
As a firm with a strong medical malpractice team, we are prepared to take practically any type of case involving Indiana medical malpractice. The vast majority of our cases involve:
- Birth injuries
- Surgical errors
However, if you or a loved one was harmed at a medical establishment or by a doctor, dentist or nurse, please do not hesitate to contact us. We are always happy to listen to what happened and let you know whether we think you have a case and how we can help. We help families who have lost a loved one and those who have been in vehicular accidents or have been otherwise hurt.
Have A Conversation With Us About What Went Wrong
Was what happened just an unfortunate and unexpected outcome, or was medical staff negligent? We can help ascertain what went wrong and what might be the cause in a free consultation. Call our team at 317-978-9538. Have a very specific question? Reach us via our online form. Located in Indianapolis, our personal injury legal team serves clients throughout the Greater Indianapolis area.