Medical Malpractice

MEDICAL NEGLIGENCE, unfortunately referred to as “medical malpractice,” simply means that the doctor or other health care provider’s care on the day in question fell below the required standard of care.  You do not have to prove that the doctor is incompetent.

EXAMPLES of MEDICAL NEGLIGENCE, include, but are not limited to:

• Birth injuries and stillbirths
• Disdiagnosis of cancer and other diseases
• Failure to diagnose
• Mistreatment
• Medication injuries
• Medical device injuries
• Brain injury
• Surgical error
• Mistaken Pap smears and mammograms

MEDICAL NEGLIGENCE is governed by Indiana statute, which controls the time in which a complaint must be filed, the amount of recovery, legal fees, and procedures for administering the claim. Before a lawsuit can be filed in court, a panel of three doctors must review the case.

The STATUTE OF LIMITATIONS, or time in which a claim must be filed, is usually TWO YEARS from the date of the injury.

MEDICAL NEGLIGENCE is a very complex area of law, requiring expertise in both law and medicine to evaluate and to process a claim. Often, consultation with other medical professionals is necessary in order to determine the merits of a case. At Boren, Oliver Coffey LLP we have developed contacts with qualified health care providers who assist us in reviewing claims of medical negligence to determine if the appropriate standard of care has been met.