If you or your loved one has been injured or worse, unexpectedly died in an Indiana medical facility while placed under medical care, there may be a medical malpractice claim you can pursue.
Medical malpractice, in general terms, is considered unskilled, improper, or even negligent handling of a patient in a health care institution by a professional or personnel.
However, you should know that a medical malpractice lawsuit can lead to a long process, maybe taking months or even years. Generally, Indiana law generally needs a suit that is based on medical negligence dated within two years when you got injured or hurt, you need to get immediately begin with the legal claim as fast as possible.
Here are 15 steps how you can file an Indianapolis medical malpractice claim.
- Get an Indiana lawyer who is expect in medical malpractice.
A lawyer who is proficient in medical negligence cases before the Indiana courts may give you a practical assessment during your initial meeting. In most cases, consultations are free.
- Compile medical records.
A formal written request may be needed to ask your hospital or medical office as well as health care provider regarding your records.
- Evaluate the negligence in the case you are pursuing.
A good medical malpractice lawyer will look into whether you have indeed a basis to sue a medical professional or institution for possible medical malpractice. The lawyer may send the medical details to health experts for possible review to ensure that there is basis to say there is negligence on the part of the medical professional or institution.
- File a copy of the complaint before the state’s Department of Insurance.
Indiana’s Medical Malpractice Division keeps records of actions related to medical malpractices in the state. The division will forward your complaint to the institution or the health care provider.
- Ask that a medical review panel be formed.
After filing a complaint, you can ask for a medical review panel who can review the complaint. Usually, the panel may consist of three health care providers as well as a lawyer.
Your attorney can then submit to the panel written evidence substantiating the medical malpractice claim before the panel.
The panel will then look whether the evidence you or your lawyer has given supports the basis the defendant or defendants failed to act within the accepted care standards.
- Decide if you want to go forward.
After getting the report from the state’s medical review panel, you and your attorney can check whether you need to go the court. If you do, remember that members of the panel can be called by the court to testify as experts.
If you do proceed, the attorney you hired will then can a file a lawsuit before the court.
- Be open to negotiations.
Do not be surprised when the defendant, say a medical professional or institution, can get in touch with you or offer some form of settlement. In many cases, the complainant’s case could be settled out of the court. Of course, a possible out-of-court settlement may quicken the resolution of the case, saving time and expenses. Whether you plan to pursue the case or settle before it begins, it is your decision. But of course, you should decide such a decision with your lawyer.
- Get your day in court.
If the settlement fails, you may expect the complaint to go to court. The trial may involve the comprehensive airing of your evidence, along with testimonies from both your camp and the defendant’s.
- Be ready for the verdict.
When you push through with the court proceedings, be open to any possible outcome. Make sure your lawyer is on top of this.