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What You Need To Know About Your Medical Malpractice Claim

On Behalf of | Feb 7, 2022 | Medical Malpractice

Healthcare practitioners owe you a duty of care as their patient. It means that they should treat you with reasonable skill and care per the standards expected of the medical profession.

When it is not the case, and they are negligent in discharging their duties, it could amount to medical malpractice. Here are some things you need to know if a doctor has injured you:

There is a cap on recoverable damages

Indiana law puts a cap on the amount of compensation you can be awarded as a victim of medical malpractice. Currently, the cap is at $1,800,000 for malpractice that occurred after June 30, 2019. However, if your malpractice took place earlier than that, it might be subject to different limits on the amount of recoverable damages.

You have limited time to bring a claim

There is a legal deadline beyond which you cannot file a medical malpractice lawsuit. In Indiana, you have two years to bring your medical malpractice claim. Otherwise, the courts may dismiss your claim.

The complexity of a medical malpractice claim

It is not straightforward to prove medical malpractice. In some cases, the aspect of negligence that is very important to your case may not be so obvious. You can also expect the doctor you accuse to put up a fight to clear their name.

Therefore, you need to be well prepared before taking action. Navigating a medical malpractice case is not easy, and justice may seem elusive. However, you need to be well aware of your legal rights and protect them. Anticipating any challenges will go a long way in ensuring that your case concludes favorably and that you get the compensation you deserve.