1I have heard there is a limit to the amount you can receive if you are the victim of medical malpractice, is that true?
Yes, there is a limit to the amount that you can recover if you are the victim of medical malpractice. The amount varies from state to state, but in the State of Indiana, the maximum that you can recover is 1.5 million dollars which was recently increased from 1.25 million – a number that remained the same for the better part of 15 years.
2Can you sue a doctor directly in Indiana?
No, you cannot sue a doctor under his or her name in Indiana for medical malpractice, so long as he or she is a qualified healthcare provider. You must file your case with the Indiana Department of Insurance. You may file a case under “Doctor Anonymous” while your case is in review with the medical review panel.
3When should I get an attorney involved if I think I have a medical malpractice case?
The sooner you get an attorney involved, the better. Medical malpractice cases are complex, and in many situations, medical boards or medical review panels are more understanding of medical professionals. Skilled attorneys can help you navigate the details of your case and help you build the strongest case possible.
4What is the medical review panel?
The medical review panel is a group of three doctors and one attorney that review your medical malpractice submission, medical records, and argument as to why they should find medical negligence. The three doctors then vote to determine whether medical malpractice occurred. The attorney does not vote, but he/she advises the doctors on what the law is and the legal principles that apply in determining whether medical malpractice occurred. If at least two of the doctors determine that there was malpractice then you are said to have “won” at the panel.
5If I win at the panel, what happens?
If you win at the panel, the panel members that found there was medical malpractice now become witnesses for you should the matter proceed to trial, and the defendant doctor certainly has the right to go to trial.
6If I lose at the panel, what happens?
If the medical review panel comes back against you, then you must find a doctor that will testify on your behalf that medical malpractice did indeed occur. This can be accomplished with the help of a skilled attorney with relationships with medical professionals who can help build your case for the best defense.
7How can I find a doctor to testify on my behalf that malpractice actually occurred if the panel comes back against me?
Winning a case at trial in which the medical review panel has come back against you is no easy feat, but that is exactly what the attorneys at BOC have done time and time again.
Fully understanding and evaluating the medical malpractice case before submitting the case to the medical review panel is absolutely essential. This way, if the medical review panel rules in the doctor’s favor, we have the information and insight necessary to locate an expert doctor that can counter the doctors’ decisions from the medical review panel.
8Does every type of negligence case that occurs at a health care facility mean that it was medical malpractice?
Absolutely not. It is, like most areas in medical malpractice and personal injury law, a very complicated matter in determining what is and what is not negligent medical care. Consulting with an attorney familiar in both personal injury and medical malpractice law will give you the best chance of evaluating your claim and determining which route is the best given your particular injury.