Whether it be in Michigan City or anywhere throughout Northwest Indiana, patients who have been victimized by medical malpractice rarely see any compensation for their injuries. We have identified at least 8 reasons why this is so:
The 8 Reasons Malpractice Victims Get Nothing
- Indiana has one of the most doctor friendly laws in the United States. Before malpractice victim can bring a case in court, h/she has to file an administrative claim with the Indiana Department of Insurance, which takes years and costs money.
- Many patients or their families do not realize that they have been a victim of malpractice.
- Not all bad outcomes in medicine are malpractice. Sometimes people are injured or die during a medical procedure. Just because the end result is a poor outcome does not necessary mean that the doctor or hospital committed malpractice.
- Failing to get an autopsy after a friend or family member dies. If the medical malpractice resulted in the death of a patient and no autopsy is performed, it may be very difficult to prove the malpractice.
- The patient's injuries are not severe enough. Many times we have decline representation of a patient who is clearly a victim of medical malpractice because of the economics. The medical profession has made the cost of pursuing a medical malpractice claim so expensive that a medical malpractice lawyer can only undertake cases where the damages are significant or the patient died.
- The patient or their family did not hire an experienced medical malpractice attorney. An Indiana medical malpractice attorney not only has to be well versed in the complexities of the Medical Malpractice Act, the lawyer also has to know the medicine involved in a particular case.
- The statute of limitations bars the claim. Indiana has a strict 2 year-occurrence based- statute of limitations.
- Tort Reform. The insurance and medical profession has done a great job convincing the general public that the reason medical bills are so high is because of greedy patients and their lawyers filing medical malpractice claim. However, the real numbers show a different story.
Still Have Questions?
Indiana medical malpractice law is complex and involved. If you have any questions regarding a potential medical malpractice claim contact our office at (219) 874-4878.