Indiana Complaint for Malpractice

State:
Multi-State
Control #:
US-03342BG
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Word; 
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Description

All professionals are subject to standards of conduct established by codes of professional ethics, by state statutes, and by judicial decisions. In their performance of contracts, professionals must exercise the established standard of care, knowledge, and judgment generally accepted by mem¬bers of their professional group.


Medical Malpractice can occur in any area of medicine in which a patient is injured as a result of poor medical treatment. The term "medical malpractice" refers to a health care provider's failure, either due to negligence or error, to treat a patient in accordance with the required standard of care, thus causing a patient to suffer harm.


The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

A copy of the proposed complaint must be filed with the Commissioner of the Department of Insurance. A proposed complaint is filed when a copy is delivered or mailed by registered or certified mail to the Department with the required filing and processing fees.

In Indiana, the statute of limitations for bringing a legal malpractice claim is two (2) years. While there are certain exceptions to the two-year limitation period based on a client's discovery of the attorney's negligence, a delay in pursing your claim could result in loss of your right to file suit.

Plaintiffs in medical malpractice tort actions must prove (1) the defendant owed the plaintiff a duty of care, (2) the defendant breached that duty by failing to conform his or her conduct to the applicable standard of care, and (3) injuries proximately caused by the breach of duty. Scholl v. Majd, 162 N.E.

The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.

Indiana has a special statute of limitations for medical malpractice cases. The medical malpractice statute of limitations in Indiana is two years from the date of the injury.

Under the Indiana Medical Malpractice Act, the defendant medical provider and his or her insurance carrier are responsible for the first $250,000 in damages. The Patient's Compensation Fund is liable for the excess over what is owed by all the qualified providers, up to an overall damage cap of $1,250,000.

In Indiana, a plaintiff in a legal malpractice action must prove: (1) employment of an attorney (duty); (2) failure by the attorney to exercise ordinary skill and knowledge (breach); (3) proximate cause (causation); and, (4) loss to client (damages). Worth v. Tamarack American, a Division of Great American Ins.

On average, a medical malpractice case will take about two to five years to be completed. In more complex cases, and in cases with the chance for a higher settlement, expect the process to take longer. A few of the factors that can influence the timeline of your case are: The timing and location of the breach of care.

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Indiana Complaint for Malpractice