Filing a successful Indiana medical malpractice lawsuit can be a complicated endeavor. Not only do these claims often require several expert witnesses to explain the relevant issues in the case to the jury, but there are also additional procedural requirements that a plaintiff must follow.
Under Indiana Code Article 18 Chapter 8, a person bringing a medical malpractice lawsuit against a healthcare professional must first submit their claim to a medical review panel and obtain the panel’s opinion. If a plaintiff fails to comply with this requirement, or any of the other requirements outlined in Chapter 8, the court will dismiss the plaintiff’s complaint. Depending on the timing of the plaintiff’s case, this could preclude the plaintiff from recovering for their injuries.
A recent case arising in another jurisdiction illustrates that not all claims against healthcare providers will be considered “medical malpractice” cases. Typically, these are cases that are brought against medical professionals but do not implicate a professional duty of care. For example, a slip-and-fall accident in a doctor’s office may not be considered a medical malpractice claim.