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August 31 - Newsblog #1
Your Injury Attorneys in the News: Homeowner and Wife Sue over Police Shooting
September 7 - Newsblog #2
Your Injury Attorneys in the News: Homeowner’s Possession of Handgun Legal Under 2nd Amendment
September 14 - Newsblog #3
Your Injury Attorneys in the News: if a Government or Government Agency is at Fault, You Can Sue
September 21 - Newsblog #4
Your Injury Attorneys in the News: Lawsuit Against Police Department Invokes the Civil Rights Act
September 28 - Newsblog #5
Your Injury Attorneys in the News: a Clear Line from the Action – or Inaction – to the Injury
October 12 - Newsblog #6
Your Injury Attorneys in the News: Police Insensitivity Turns Traffic Stop into a Travesty
October 19 - Newsblog #7
Your Injury Attorneys in the News: Police Who Abuse Power Must Be Held Accountable, Law Professor States
October 26 - Newsblog #8
Your Injury Attorneys in the News: Holding Overly Aggressive Police Accountable
November 2 - Newsblog #9
Your Injury Attorneys in the News: Brown Vs. Impd Case About Much More Than Punishment or Money
November 9 - Newsblog #10
Your Injury Attorneys in the News: Improper Medical Diagnosis and Care Resulted in Loss of an Eye
November 16 - Newsblog #11
Your Injury Attorneys in the News: Medical Malpractice Claims Have a Front End and a Back End
November 30 - Newsblog #12
Your Injury Attorneys in the News: Truths About Medical Malpractice
December 7 - Newsblog #13
Your Injury Attorneys in the News: Yes, You Can Sue City Hall
December 14 - Newsblog #14
Your Injury Attorneys in the News: Slip and Fall Changes Two Lives Forever
December 28 - Newsblog #15
In the News: Ramey & Hailey Year in Review
January 4 - Newsblog #16
In the News: Teen’s Sexual Abuse Case Calls Attention to the Problem
January 11 - Newsblog #17
In the News: Parents of Survivor Sue Parents of Shooter
January 18 - Newsblog #18
In the News: Erin Brockovich Teams Up with Indiana Moms
January 25 - Newsblog #19
Your Injury Attorneys in the News: Case Settled in Favor of Catastrophic Slip and Fall Injury Victim
January 31 - Newsblog #20
In the News: Wrongful Death Lawsuit Filed Against Rehab Facility
February 8 - Newsblog #21
In the News: Nurse Arrested in Sexual Abuse Case
February 15 - Newsblog #22
In the News: Running the Clock on Indiana Medical Malpractice
February 22 - Newsblog #23
In the News: to Repeal or Not to Repeal – Indiana Legislators Rule “not”
March 1 - Newsblog #24
In the News: Helping Physicians Keep Helping
March 8 - Newsblog #25
In the News: Parents of Brain-damaged Infant Sue Hospital
March 15 - Newsblog #26
In the News: Owner of Gun Wins Decision
March 22 - Newsblog #27
In the News: Indiana House Passes Long Term Care Protections Bill
April 5 - Newsblog #28
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April 19 - Newsblog #30
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In the News: Does Premises Liability Cover Goose Attacks?
May 10 - Newsblog #32
Two-week-old N.y. Verdict Offers Takeaways for Slip and Fall Victims
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In the News: when a Product Manufacturer is Not at Fault
May 31 - Newsblog #35
In the News – College Doc’s Sexual Abuse of Students Coming to Light
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In the News – One Week, Four Motorcycle Accidents
June 14 - Newsblog #37
List of Troubled Nursing Homes Released
June 21 - Newsblog #38
In the News: Kansas No-caps Ruling Changes Personal Injury Climate
June 28 - Newsblog #39
In the News: Jury Awards $10.5 Million for Pain and Suffering in Birth Injury Case
July 5 - Newsblog #40
In the News: More Indicted in Last Year’s Duck Boat Tragedy
July 17 - Newsblog #41
In the News: Richard Hailey on Litigation Team for Lawsuit Vs. Tesla
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In the News: Malpractice Lawsuit Yields Largest Award in History
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December 4 - Newsblog #44
In the News: High School Chaplain Suspended on Allegations of Sexual Abuse

IN THE NEWS: RUNNING THE CLOCK ON INDIANA MEDICAL MALPRACTICE

Alarm clock  and calendar on bright background

When it comes to medical malpractice cases, the personal injury attorneys at Ramey & Hailey Law are always keeping their eyes on the clock.

A statute of limitations is a state law that sets a strict limit on the amount of time you have to go to court and file a lawsuit after you have suffered some kind of harm or loss, Nolo.com explains. Indiana’s statute of limitations, for example, gives a plaintiff two years to get their medical malpractice lawsuit started.

Just when does that Indiana medical malpractice clock start running? The general rule is that the two years starts on the date the medical error was supposed to have been committed. There are a few very limited exceptions to that two-year rule, but a lawyer should be consulted before two years have past from the date of the suspected malpractice. What, exactly, is malpractice? The Indiana Medical Malpractice Act defines medical malpractice as follows:

A healthcare provider fails to use the degree of care and skill that a reasonably careful, skillful, and prudent healthcare provider would use under the same or similar circumstances.

The calendar “clock” is going to be particularly important this year in Indiana. Here’s why:

In Indiana we have a Patients’ Compensation Fund.  There is a cap on how much an injured patient can collect in compensation for a medical malpractice claim, and that cap will change in the middle of this year. Medical malpractice claims paid up through June 30 of this calendar year will be capped at $1.65 million per injury. Claims accrued after July 1 of this year will have a cap of $1.8 million.

The “calendar clock” is important in another very, very important way. Any claim from the Patient’s Compensation Fund must be paid to the plaintiff within sixty days of the of the court’s final judgment (or of the officially approved settlement).

Of course, the mere fact there was a bad outcome for a patient does not mean there was malpractice. How can you tell if your clock on medical malpractice should start running? At Ramey & Hailey the first task in working with patients and their families is exploring that question.  Was the misdiagnosis or mistake avoidable? Were appropriate testing and consultation done? Did the healthcare provider give treatment in line with “the level of care that a reasonably competent healthcare professional with similar training and in the same medical community would have provided under the circumstances”?  If the answer to that question is “no”, then you need a personal injury attorney to keep an eye on the clock!

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