What Counts as Medical Malpractice
Medical malpractice occurs when a healthcare provider's negligence causes injury. Common examples include misdiagnosis or delayed diagnosis, surgical errors, birth injuries, medication mistakes, anesthesia errors, and failure to obtain informed consent. Not every bad outcome is malpractice — the key is whether the provider departed from the accepted standard of care.
Indiana's Medical Malpractice Act
Indiana has a unique system under the Medical Malpractice Act. Most claims must first be submitted to a medical review panel before going to court, and the State maintains a Patient's Compensation Fund that pays amounts above the provider's coverage. Indiana also caps total damages in medical malpractice cases — the cap has increased over time, so the limit depends on when the malpractice occurred. These rules make Indiana medical malpractice claims especially complex.
Proving a Malpractice Claim
These cases require qualified medical experts to establish the standard of care, explain how the provider breached it, and connect that breach to your injury. The investigation involves a careful review of medical records and often testimony from multiple specialists. Because of the review panel process and damage caps, experienced legal guidance is essential.
Time Limits in Indiana
Indiana's medical malpractice statute of limitations is generally two years from the date of the negligent act, with limited exceptions for situations that could not reasonably have been discovered. Because the deadlines and procedural requirements are strict, it is important to seek a review promptly.
Injured in Indiana? Get a free, confidential case review today. There's no obligation, and you pay no fee unless you win. Call 973-566-5599.
Frequently Asked Questions
No. Malpractice requires showing the provider departed from the accepted standard of care and that this caused your injury.
Most Indiana malpractice claims must first go before a medical review panel that issues an opinion before the case can proceed in court.
Yes. Indiana caps total damages in medical malpractice cases, with the limit depending on when the malpractice occurred.
This page is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Indiana attorney.