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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
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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
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In the News – College Doc’s Sexual Abuse of Students Coming to Light
June 7 - Newsblog #36
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
July 24 - Newsblog #42
In the News: Malpractice Lawsuit Yields Largest Award in History

MEDICAL MALPRACTICE LAWSUITS MUST PASS GO BEFORE GOING TO COURT

sign that reads medical error

“Above all, do no harm.” That’s part of the Hippocratic Oath that medical students take. But, sometimes, harm is done, and when a hospital, doctor, dentist, or other health care professional causes injury to a patient, either through a negligent act or omission, that’s called medical malpractice.

The malpractice might be the result of a mistake in:

 

  • diagnosis
  • treatment
  • aftercare
  • health management

For one of – or a combination of – these reasons, you suffered permanent physical or psychological damage. You want to sue the medical provider and at least get monetary help dealing with your injuries and with the pain and suffering you’ve undergone.

Who will pay you?  Well, in the state of Indiana, physicians are responsible only for the first $400,000 in damages to any one patient. If you are awarded more than that, the excess – up to $1.6 million dollars – will come from the state’s Patient Compensation Fund (this increases to $1.8 million in 2019).

By way of background, Indiana was the first state to pass medical malpractice reform legislation. Because, unlike many other states, we have a Patient Compensation Fund, injured patients have hope of recovering large sums. (In many other states, because the healthcare provider may not have adequate insurance or assets, patients may be unable to get the financial help they deserve). INCAP  (Indiana Patient Compensation Act) has become a model of other states.

You must file your malpractice claim within two years of the time you believe the malpractice took place. (You may not have discovered that negligence until months or even years after the mistake happened; only an experienced malpractice lawyer would know how to determine the applicable period for the “statute of limitations” as it applies to your case.)

As you begin the process of suing a provider, a facility, or an HMO (that refused to pay for necessary tests or treatment), know that there’s a fight ahead. Even if there’s no doubt you were injured, the other side is going to try to prove you contributed to your own suffering by failing to provide accurate information or by not following the doctor’s orders. That’s why it’s essential to have an Indiana malpractice attorney at your side from the start.

OK. You’re well within the two year time frame, you have all your records lined up, and you think you’re finally ready to sue in court. But no, you’re not. In the State of Indiana, that’s not the way it works with medical malpractice injury cases. Patients must first file a proposed complaint with the Indiana Department of Insurance.

Your case will be evaluated by a medical review panel consisting of three physicians. (At least two of those must be specialists in the same field as the practitioner whom you’re accusing of malpractice.) Only after the panel has issued its report, can you proceed to a court trial (the report will be admissible as evidence).

It’s like the board game Monopoly:  Medical malpractice lawsuits must pass Go before “going” to court!

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