Answers To Frequently Asked Medical Malpractice Questions
If you or a loved one suffered from a medical provider’s negligence, you may feel overwhelmed and unsure of your options. At Sarkisian Sarkisian & Associates P.C., our personal injury attorneys have more than 50 years of combined experience. We have represented Indiana residents facing all manner of complex medical malpractice claims and have the insight you need during this difficult time.
Read answers to some frequently asked medical malpractice questions below and contact us if you would like to learn more. We are here as a resource for you and your family. Call us at 219-841-5689. We meet with clients at our offices in Portage and Valparaiso.
Do I Have A Medical Malpractice Claim?
You only have a medical malpractice claim if you suffered an injury when your medical provider breached the accepted “standard of care.” This means that they either failed to do what a competent medical provider would have done, or they took an action that a reasonable medical provider would not have taken. You must also have suffered damages resulting from the injury.
Is There A Statute Of Limitations To File A Medical Malpractice Claim?
You typically have two years from the time of incident to file a medical malpractice claim. However, this statute of limitations may not apply if you do not discover the issue until after the two-year limit.
Young children follow special guidelines. If the child was under 6 years old when they suffered from a medical provider’s negligence, they have until the age of 8 to file a claim.
What Benefits Can I Collect From Filing A Medical Malpractice Claim?
You may be able to claim compensation for both economic and noneconomic damages, including:
- Medical expenses
- Rehabilitation costs
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Permanent disfigurement
- Mental and emotional distress
Is There A Cap On The Damages I Can Collect For My Medical Malpractice Claim?
In Indiana, there is a cap for the total amount of compensation that you can collect for a medical malpractice claim. The exact cap varies depending on when the malpractice occurred:
- June 30, 2017 – before July 1, 2019: $1,650,000 cap
- Post June 30, 2019: $1,800,000 cap
What Do I Need To Do To Start My Medical Malpractice Claim?
You typically need to file a complaint with Indiana’s medical review panel before you can file a medical malpractice lawsuit. The panel will decide whether your medical provider breached the standard of care and whether you can pursue the medical malpractice claim further. They have 180 days to determine whether you can proceed with your claim.