Indiana law conflicts were suited to reshape the statute of limitations for medical malpractice. According to Indiana statues, a medical malpractice lawsuit must be brought against a party within two years of failure to treat, neglectful injury or wrongful death. Recently, the Indiana Supreme Court weighed in on conflicts for lower court decisions in which the Supreme Court decided that the statue has merit, but cannot be applied in cases when the injured party was not able to learn about the condition until after two year rule. In this exception, injured parties may file a lawsuit within two years after the discovery of the medical malpractice.
This decision served a breast cancer patient well so that she could recoup losses for a physician’s failure to diagnose her breast cancer. Several other medical malpractice victims received proper attention for their complaints under the same exception.
The majority of medical malpractice cases in Indiana fall under the Medical Malpractice Act. However, if the physician does not participate in a state sponsored excess insurance program, other laws may apply. In all medical malpractice cases, there are numerous conditions that just be met in order to qualify for a lawsuit, including, but not limited to:
- The patient must disclose complete medical history information, including the use of medications, over-the-counter drugs, and supplements.
- The patient must follow preoperative and post-operative instructions which reduce the risk of complications.
- Patients must understand that there are risks with all medical procedures, but complications from medical procedures and conditions do not constitute medical malpractice.
Physicians also have responsibilities, including, but not limited to:
The core responsibility of a physician, barring his medical license, is to allow patients to make informed decisions regarding their healthcare. This is called the informed consent process. Physicians may use a variety of tools to be certain that you understand the following:
- what is wrong with you
- what procedure options you have
- what risks are associated with the procedure
- what are the recovery requirements
- how you would contend with an unsatisfactory outcome
You will also sign an informed consent agreement when you are at your physician’s office. It is advised that you take home that informed consent, review it thoroughly, along with any pre or post-operative instructions so that you can make an informed decision.
If you, your family or a friend have suffered damages and need assistance in asserting your rights for justice and compensation, contact PADOVE LAW, toll free at (877) 446 5294 for a free consultation.