What Are Your Rights Under Indiana’s Medical Malpractice Laws?

Medical malpractice can have devastating consequences for patients and their families. In Indiana, understanding your rights under medical malpractice laws is crucial if you believe you've been a victim of negligence. Here’s an overview of your rights in such situations.

Your Right to Safe Medical Care
Every patient in Indiana has the fundamental right to receive safe medical care. This means that healthcare providers are obligated to meet a certain standard of care. If a healthcare professional fails to provide this standard, resulting in injury or illness, you may have a valid claim for medical malpractice.

Right to Compensation
If you suffer harm due to medical negligence, you have the right to seek compensation for your injuries. This may include coverage for medical expenses, lost wages, and pain and suffering. Indiana law allows victims to pursue legal action to obtain financial restitution for their damages.

Cap on Damages
It’s important to note that Indiana has specific laws capping the amount of damages a plaintiff can receive in a medical malpractice case. As of 2023, the cap for total damages in most medical malpractice cases is set at $1.8 million, though this figure is subject to adjustments over time. This cap means that while you can still pursue compensation, the total award you can receive may be limited.

Right to File a Complaint
Patients who believe they have been victims of medical malpractice have the right to file a complaint against the healthcare provider with the Indiana Medical Licensing Board. This complaint can initiate an investigation into the provider's actions, although it does not replace your right to pursue a civil lawsuit.

Mandatory Mediation
Before filing a lawsuit in Indiana, most medical malpractice claims are required to go through a pre-litigation process. This includes mandatory mediation with the aim of resolving the issue without going to court. This mediation is intended to encourage settlements and reduce the burden on the court system.

Right to a Thorough Investigation
As a patient, you have the right to have your case thoroughly investigated. This often involves gathering medical records, obtaining expert opinions, and collecting evidence to support your claim. Engaging a qualified malpractice attorney can help ensure that your rights are protected during this process.

Time Limits for Filing a Claim
In Indiana, there are strict time limits, also known as statutes of limitations, for filing a medical malpractice claim. Generally, you have two years from the date of the incident or from the date you discovered the injury to file a claim. Failing to file within this timeframe may result in losing your right to seek compensation.

Consultation with an Experienced Attorney
One of your most valuable rights under Indiana’s medical malpractice laws is the right to seek legal representation. Consulting with an experienced attorney who specializes in medical malpractice can provide you with the guidance needed to navigate the complexities of your case and help you understand your rights and options thoroughly.

Understanding your rights under Indiana's medical malpractice laws is vital for anyone who has been affected by substandard medical care. If you believe you have been a victim of malpractice, it is essential to act promptly and consult with a qualified attorney to ensure the protection of your rights.