Dealing with any type of injury that results in seeking legal action can feel daunting for victims. In addition to building a case that proves the other party was responsible for damages, victims will also be in the process of recovering from their injuries. In situations that involve medical malpractice, the damages victims face can be significant. Sometimes, these injuries result in lifelong disabilities or, worse, fatalities. Medical professionals are held to a standard of care that requires them to administer competent care to their patients. Patients may receive inadequate care when this does not occur, resulting in the need to seek legal recourse with a law firm like Hall-Justice.
What is the best way to build a solid medical malpractice case?
For the best possible outcome, victims and their lawyers must present a case (with supporting evidence) that proves vital elements were present:
- Duty of Care: the existence of a doctor-patient relationship
- Failure to Uphold the Duty of Care: the medical professional made mistakes, was negligent and failed to uphold the medical standard of care
- Causations: the injuries experienced were the result of the negligent care that the patient received
- Damages: due to negligence, the victim has experienced losses that were both physical and financial
How long will it take for my case to resolve?
Timeframes for medical malpractice cases can vary depending upon each unique situation. It can take several months, even years, before the issue is finally resolved. Remember that medical professionals will have lawyers and insurance companies working to pay out as little as possible. While in some cases, it may be necessary to litigate the case in court, much of the time, these cases reach settlements through negotiations.
How long do I have to file a medical malpractice claim?
The statute of limitations is the length of time victims have to pursue legal action. In Indiana, the statute of limitations is two years from the date of the accident or upon the discovery of injuries. Once this timeframe expires, victims may lose their opportunity to seek damages for their losses.
Are there exceptions to the statute of limitations in malpractice cases?
Yes, a few exceptions may allow victims to proceed with their case regardless of the statute of limitations. For example, families of children under six at the time of their injury have until they are eight years old to move forward. In other cases where the victim was unaware of their injuries and didn’t discover them until after the statute of limitations, an extension may be granted if a lawyer can prove that you didn’t discover them in time.
Are there caps on damages for medical malpractice in Indiana?
Yes, as a medical malpractice lawyer, will share; in 1975, Indiana put a cap on damages for medical malpractice cases. Caps have been raised a few times in recent years. Today, the cap on medical malpractice cases is $1.8 million.
It should come as no surprise that cases of this nature are notoriously difficult to bring forth. Having the experience and resources that a law firm can provide will be imperative for victims and their families. While no person should have to experience the devastation that can come from medical malpractice, seeking legal action can be a way for victims to receive the compensation they are entitled to after their losses.