The high incidence of injuries and complications due to medical negligence at Evansville hospitals underscores the need for skilled legal representation to protect the rights of injured victims. At Wagner Reese, LLP, our Evansville medical malpractice attorneys bring over 150 years of combined experience to the fight for justice and compensation.
Established in 1997, we have the skills and resources to take on significant hospitals and insurance providers and hold them liable for maximum damages. With a formidable record of over $300 million recovered for our clients, our medical malpractice and personal injury lawyers in Evansville are firmly positioned to fight for the most extensive possible compensation for your injuries and losses.
Medical Malpractice Laws in Indiana
The attorneys at our medical malpractice law firm in Evansville are well-versed in Indiana’s laws governing medical malpractice claims, which are designed to protect patients.
Legal Definition of Medical Malpractice in Indiana
Indiana defines medical malpractice as a tort committed by a healthcare provider or professional who fails to provide the standard of care that a reasonably competent healthcare provider would under similar circumstances, resulting in injury or death. This is codified under Indiana Code § 34-18-2-18, which lays out the legal criteria to determine medical malpractice in the state: negligence, breach of duty, and causation.
Medical Review Panel
Before filing a medical malpractice lawsuit, Indiana law (Indiana Code § 34-18-8-4) requires plaintiffs to submit their case to a Medical Review Panel. The panel, composed of three healthcare providers and one attorney, reviews the evidence and offers an expert opinion on whether malpractice occurred. While not binding, this opinion can impact the case’s outcome in court.
Contributory Negligence
Under the Medical Malpractice Act, Indiana follows the harsh doctrine of contributory negligence. This means that if a plaintiff is found to be even 1% responsible for their injury, they may be barred from recovering any damages. This is governed by Indiana Code § 34-51-2-5.
Statute of Limitations
Indiana Code § 34-18-7-1 outlines that medical malpractice claims must be filed within two years of the date the alleged malpractice occurred. Exceptions may apply for minors or cases where the injury was not immediately discoverable.
Damage Caps
Under Indiana Code § 34-18-14-3, the state imposes caps on the amount of damages a patient can recover in a medical malpractice lawsuit. As of July 1, 2019, the cap is set at $1.8 million, which includes both economic and non-economic damages.
Types of Claims Our Evansville Medical Negligence Attorneys Will Handle for You
Wrong or Delayed Diagnosis
When a healthcare provider misdiagnoses or delays diagnosing a medical condition, it can lead to worsening symptoms or preventable complications. Our attorneys will investigate these cases to prove negligence and seek compensation for the harm caused.
Surgical Negligence
Mistakes during surgery, such as performing the wrong procedure, leaving instruments inside the body, or causing accidental damage, can have severe consequences. We handle complex surgical negligence cases to ensure accountability.
Birth Injuries
Negligence during labor or delivery can result in severe, lifelong injuries such as Hypoxic-Ischemic Encephalopathy (HIE) or cerebral palsy. Our team is experienced in pursuing justice for families affected by birth injuries.
Anesthesia Errors
Errors in administering anesthesia, such as dosage mistakes or failure to monitor a patient, can lead to severe complications, including brain damage or death. We fight for victims of anesthesia negligence.
Steps Our Medical Injury Lawyers in Evansville Will Take to Pursue Your Claim for Damages
- Initial Consultation: Evaluate your case by reviewing medical records and determining the potential for a claim.
- Gather Evidence: Collect evidence, including medical records, witness statements, hospital protocol and policy documents, and expert opinions.
- Expert Review: Engage top medical experts to assess your injuries and determine the negligence that occurred in your treatment.
- Notify the Hospital: Inform the hospital of the pending medical malpractice claim.
- Notify the Indiana Department of Insurance (IDOI): File the complaint with IDOI to initiate the claim officially.
- Medical Review Panel: Submit the case to the Medical Review Panel for evaluation by a panel of medical experts.
- Settlement Negotiations: Aggressively negotiate a settlement with the defendant’s insurance company or legal team.
- Trial Preparation: Prepare for litigation by building a solid case with detailed evidence if a fair settlement isn’t reached.
Your Path to Financial Recovery Begins with a Call to Our Medical Malpractice Lawyers in Evansville, IN
When the stakes are the highest, our Evansville medical malpractice lawyers at Wagner Reese are here to fight for you. With over $300 million recovered for our clients, our team brings a formidable trial reputation and a proven record of success, which increases our negotiating leverage for a fair settlement. To schedule your free consultation, call us at (866) 991-4892 or contact us online.
