WHAT IS MEDICAL MALPRACTICE?
ABOUT MEDICAL MALPRACTICE
Q. WHAT IS MEDICAL MALPRACTICE IN INDIANA?
A. Under Indiana law, a patient who is injured by a doctor, nurse, podiatrist, hospital, clinic, chiropractor, dentist, surgeon, psychiatrist, physician assistant, or other medical provider's substandard care has a right to compensation for injuries.
Q. WHAT IS SUBSTANDARD MEDICAL CARE?
A. Substandard medical care is care which violates medical standards. The law presumes that there are certain medical standards which direct how a health care provider should react to a given situation. Those medical standards are not contained in any one book or list. They are generally recognized by competent physicians and health care providers, described in medical journals and medical text, and taught in medical schools.
A FEW EXAMPLES OF MEDICAL MALPRACTICE:
-failure to diagnose a condition-misdiagnosis of a medical condition-failure to properly treat a patient’s medical condition-failure to safely administer anesthesia
-failure to manage a pregnancy or delivery of a baby
It is important to note that a bad outcome from a medical procedure is not necessarily malpractice. There are risks associated with all medical procedures -- even when they are done properly. A doctor is responsible for a bad outcome only if it is the result of substandard medical treatment.
AND REVIEW OF MEDICAL MALPRACTICE CLAIMS
It is important that potential medical malpractice claims be investigated and reviewed by experts familiar with the area of medicine involved.
We generally begin our contact with the client in a phone or office conversation. You may call me at my office or contact me by email.
Once you have provided some initial information regarding your potential medical malpractice claim, you will need to come to the office for a conference. In that conference, you will provide additional information about your potential claim. The procedure to bring a claim will be explained to you.
In addition, authorizations for release of your medical records may be signed by you. Your medical records are necessary to fully investigate your potential claim. Your medical records are personally reviewed by Glenn A. Deig.
If I agree to pursue a medical malpractice claim on your behalf, you will agree to contingency fee agreement (no recovery-no fee) is signed by the parties.
Q. WHAT LAW CONTROLS MEDICAL MALPRACTICE LAWSUITS?
A. Medical malpractice lawsuits are controlled by the Indiana Medical Malpractice Act. The procedure is as follows:
- All medical malpractice claims must be reviewed by a medical review panel before the claim can be filed in court.
- You, as the plaintiff, will file a "proposed medical malpractice complaint" with the Indiana Department of Insurance.
- The Indiana Department of Insurance notifies the defendant healthcare provider such as a doctor or hospital and their insurance carrier of the proposed claim.
- A defense attorney is hired by the insurance company to defend the claim.
- The medical review panel is chosen. You, as plaintiff, select one doctor to serve on the medical review panel. The defendant select a second doctor to serve on the panel. Those two doctors then pick a third member of the panel.
- An attorney serves as a non-voting chairman of the panel.
- You and the defendants have the right to take depositions or ask questions of the other side.
- The parties prepare medical malpractice submissions. These are documents in which the parties describe their claims and defenses. The submissions may contain medical records, x-rays, statements from the parties, depositions, expert reports, medical texts, medical journal articles, and any other written relevant documentation.
- The members of the panel will review the submissions.
- The medical review panel then gives an opinion as to whether there is medical malpractice.
- The opinion of the panel does not decide the case.
- You, as the plaintiff, have the right to go to court, and the defendant has the right to defend the case, regardless of the panel opinion.
- However, juries listen to the panel opinion. As a practical matter, most cases are resolved on the basis of the medical review panel opinion. A negative opinion does not necessarily mean that you do not have a case.
All cases must be reviewed based on the facts and the expert opinion. Those facts and not the panel opinion will determine whether or not to proceed to trial.
ABOUT LITIGATION EXPENSES
In addition to the attorney's fees, there will be litigation expenses involved in bringing a lawsuit. Litigation expenses are monies that need to be paid in order to pursue the claim. Examples of some types of expenses are as follows:
- Charges for getting and copying medical records.
- Fees or charges for court reporters for depositions.
- Fees for medical experts who review the case or testify at trial.
- Costs for exhibits to be used in trial.
Generally, you will be responsible for these costs unless otherwise agreed.
INFORMATION ABOUT POTENTIAL RECOVERY UNDER THE INDIANA MEDICAL MALPRACTICE CLAIMS ACT.
If a medical malpractice claim is settled or a jury awards damages, the maximum you can recover for damages prior to 7/1/99 is $750,000 and $1,250,000 cap on damages for a claim occurring on or after 7/1/99.
The information contained in this segment regarding medical malpractice is for informational purposes only. State law and procedures periodically change. Any information you obtain from this site is not , nor is it intended to be legal advice. You should consult an attorney for individual advice regarding your situation.
TRIAL OF A MEDICAL MALPRACTICE CLAIM
Most medical malpractice cases are resolved without a trial. They are either dismissed or settled. In some circumstances, however, the case must go to trial. It is tried just like any other lawsuit, typically in the court in the county where the events occurred. The jury would consist of six members. Medical malpractice cases are extremely expensive to litigate because of the need for expert witnesses, typicallly physicians, who must be paid their expert fees.
ATTORNEY FEES
Almost all medical malpractice cases are litigated on a contingent fee basis. A contingent fee is one that is paid out of any recovery. The amount is a percentage of the recovery. Attorney fees are limited to fifteen percent (15%) for the monies obtained from the Patient's Compensation Fund.
PLEASE CONTACT GLENN A. DEIG AT 812-423-1500 OR BY E-MAIL AT glenndeig@email.com for your free consultation.