No matter where you live in the country, medical malpractice is always a concern. Indeed, there have been plenty of people who have gone in for routine procedures and ended up leaving with much more than they bargained for. As such, plenty of people are also compelled to file lawsuits to sue for damages. However, there are times in which people are unable to get the full amount they are seeking. This is due to the fact that some areas put caps on how much an individual can sue for. Do these caps exist in Indiana? Keep reading.
What is Medical Malpractice?
For those who are yet unfamiliar, medical malpractice is a term used to describe instances in which a doctor, nurse, or medical facility causes injury to a person due to either negligence or omission. In order to qualify as medical malpractice, these acts must also have the following traits:
- The Injury Resulted in Serious Damages: One of the top ways to know you have been a victim of medical malpractice is that the injury caused the patient to suffer serious damages. This is mostly due to the fact that medical malpractice cases are as costly as they are complex. They often require the testimony of a variety of medical professionals, as well as countless hours of litigation. Therefore, many cases may not be worth pursuing as the litigation may actually cost more than the patient is able to win from the lawsuit. For your case to be considered valid, you must be able to prove that the injury caused a loss of income, significant medical bills, disability, excruciating pain, or other hardships and suffering.
- The Injury Resulted from Negligence: Additionally, there is a difference between violation of the standard of care and medical malpractice. In order for an injury to be considered medical malpractice, you must be able to prove that the medical organization or professional caused your injuries as a result of absence or negligence.
- The Injury Resulted from a Violation in the Standard of Care: Lastly, there are laws and standards in place that all medical practices and professionals must adhere to. In order for a case to be considered medical malpractice, you must be able to prove that the person or facility acted in a way that was a direct violation to the established standard of care.
Is There a Cap for Medical Malpractice Lawsuits in Indiana?
As mentioned, there are occasionally cases in which the patient cannot legally sue for the amount of damages that have been incurred. Indiana is such a state. Moreover, Indiana is a unique state in that this cap applies to the total amount of compensation the injured party can receive, rather than just specific categories of damages. For instance, many states limit the amount a patient can request due to “non-economic damages” such as pain and suffering. If you are filing a medical malpractice lawsuit in Indiana, you will be bound by the following caps:
- Health care treatment errors that occurred before July 1, 2017 and after June 30, 1999, there will be a $1.25 million dollar cap on the amount of damages you can recover. Also, an individual health care provider cannot be held liable for more than $250,000 in damages. Damages over $250,000 are to be paid by the state.
- If the health care treatment error occurs before July 1, 2019 and after June 30, 2017, the total amount of damages that can be recovered is $1,650,000. In these instances, the individual or practice cannot be held liable for more than $400,000. The state must cover any damages above this amount up to $1.65M.
- If the health care treatment error occurred after June 30, 2019, the cap for the total amount of damages that an individual can recover is $1,800,000. In these instances, a practice or individual cannot be held liable for more than $500,000. The state must cover any additional damages that are awarded, up to $1.8 M.
Medical Malpractice Attorneys
Medical malpractice cases can be tough and tedious. No matter how much evidence you may have, the court will still be incredibly thorough in terms of finding who is liable. This often works in favor of the medical community, as they have the money to purchase high-powered lawyers, and they also have access to a wide variety of medical experts that will be ready and willing to help them prove their case. Therefore, you need to go above and beyond to make sure that you have the proper legal representation to help you win your case. This is one of the one of the best ways to make sure that your case is heard and that you are treated fairly throughout the legal proceedings. Luckily, Stephenson Rife LLP is a reputable legal firm that specializes in medical malpractice suits in the state of Indiana. They offer passionate, caring legal professionals to those who have suffered serious injuries as a result of medical malpractice. There is never a need to settle for subpar representation. Stephenson Rife LLP is an excellent option for anyone who is looking for representation to help them get the compensation they deserve.