When you have suffered from medical malpractice in Indiana, you may have already sued and won compensation for the injuries you have suffered. However, the state does have caps on Indiana medical malpractice compensation, meaning you may not get the coverage you need. In these cases, you may be eligible to seek compensation through the Indiana patient’s compensation fund.
At Wagner Reese, LLP, we offer a top-rated, aggressive defense in the courtroom, handled by attorneys who have been recognized in publications like Best Lawyers®, Super Lawyers®, and exclusive organizations like the National Trial Lawyers. That includes one of our founding attorneys being listed among Indiana’s Top 25 Medical Malpractice Trial Lawyers multiple times. If you are facing a lack of funds for your medical malpractice claim, simply reach out.
What is the Indiana Patient’s Compensation Fund?
The Indiana Patient Compensation Fund is a resource built for patients like you to get compensated fairly for their suffering. Because of Indiana’s medical malpractice damages caps, you may find yourself without the funds you need.
This may happen because of the cap in place and the insurance company’s limitations. Insurance companies have a maximum amount they can pay out, and anything further would have to come out of the patient’s pocket. The Indiana Patient Compensation Fund strives to support injured patients as well as take the pressure off doctors who may have to pay out of pocket.
How does the Fund work?
Because this patient compensation fund in Indiana is meant to help support victims of medical malpractice, the patient compensation fund can be accessed when your medical malpractice claim leads to results but not necessarily a payout.
For example, the healthcare provider’s insurance may not have the funds to cover your payout. In these cases, if you are approved, the fund can use its finances to pay out the funds you would not receive from your insurance company.
Eligibility criteria for filing a claim with the Fund
If you are in need of this further compensation, you may need to take stuff to ensure you are eligible to file a claim with the patient compensation fund. First, you will need a medical review panel, which means that three doctors or other healthcare professionals will evaluate your needs and determine whether you suffered medical malpractice.
Once you have done this and received compensation, either through the insurance company or in court, you will need to have received the maximum amount from the insurer or court.
If you have already received this amount that your needs are more extensive, you may receive another $1 million from the Indiana patient compensation fund. That can be a vital tool to help drivers make up their funds if the at-fault party does not settle fairly with them.
The benefits and limitations of the Fund for patients
This fund allows patients to get the support they need following a medical malpractice case. In some cases, especially severe ones, a $250,000 settlement may not be enough for you to recover. That extra money can help victims of medical malpractice get their lives back on track without paying out of pocket for their new medical expenses and other damages.
Unfortunately, this limit of $1 million, making the full maximum $1.25 million dollars, may still not be enough for some families. For example, if you have suffered a disabling injury that leaves you unable to take care of yourself, your treatment and care may exceed this amount within a few years. The team at Wagner Reese works hard to help our clients get the full compensation they need.
Why choosing an experienced attorney like Wagner Reese, LLP is crucial in navigating the complexities of the Fund
While you may have already settled your medical malpractice case, you may still need an attorney to help you navigate the Indiana patient compensation fund. That is because this process can still be complex.
For example, there are certain qualifications you will need to meet before you are able to file a claim. That can get confusing and complex without legal support on your side.
The process of filing a claim and seeking compensation through the Fund
Once your medical malpractice claim is settled, it may be time to consider seeking compensation through the patient compensation fund. This process typically involves proving that you suffered medical malpractice and that your compensation did not cover all your needs.
Often, this includes gathering evidence and showing the extent of your injuries that would require further care. Your attorney can help you gather this information and take action.
Common challenges faced by claimants and how Wagner Reese, LLP provides support
One of the biggest challenges many face when seeking compensation through Indiana’s patient’s compensation fund is proving that they are due further damages. When you are already dealing with the aftermath of a serious accident, you may not have the time and energy required to gather this information.
Fortunately, the team at Wagner Reese, LLP is here to help. They understand how important this evidence is and will seek it out on your behalf when you are hurt.
Other legal avenues to explore if the Fund does not provide sufficient compensation
While the Indiana Patient Compensation Fund is an important resource for many medical malpractice victims, it is not your only option for compensation. For example, you may have alternatives through your insurance or other specific funds.
Seeking out an attorney with Wagner Reese, LLP can also be useful if the Fund fails to compensate you. Our award-winning attorneys, including one of our founding partners with recognition among Indiana’s Top 25 Medical Malpractice Trial Lawyers, can guide you to the compensation you need.
When you are ready to accept a free consultation with a team of attorneys with numerous accolades and the tools to create an aggressive defense for you, reach out by calling 866-828-0308 or by completing our online contact form.
