September 10, 2014
Medical professionals have a legal and ethical responsibility to protect the health and safety of the patients they care for, and failure to do so can result in medical malpractice lawsuits. But the process to file a medical malpractice claim can be quite complex, which is why the Indianapolis medical malpractice lawyers with Stewart & Stewart Attorneys would like to provide some helpful information.
First, it’s important to remember a medical malpractice claim must be filed within a certain amount of time. The time limit, or statute of limitations, to file most claims is within two years of the date the injury occurred. Children under the age of six who are harmed while under a doctor’s care generally have until their eighth birthday to file a claim. These time limits can vary depending on the facts of your case, so it’s important to speak with an attorney about your case as soon as possible.
To file a complaint, you must submit a form to the Indiana Department of Insurance with all applicable evidence and payment of fees. It costs $5 to file on behalf of one person and $2 for each additional claimant.
The commissioner of the Department of Insurance then serves the defendants with lawsuits before a medical review panel is selected. The panel then hears the case and a decision is reached.
Successful med mal cases often require expert witness testimony, detailed medical evidence, and more. At Stewart & Stewart Attorneys, our Indianapolis personal injury lawyers are here to help build a strong case on your behalf. To learn more about what we can do to assist you with your case, call us at (800) 33-33-LAW.