Best Medical Malpractice & Negligence Lawyers in Valparaiso, IN

Indiana has some of the most restrictive medical malpractice laws in the United States. The body of laws that govern medical malpractice in Indiana is called the Indiana Medical Malpractice Act. The Act limits the time period in which a patient, even an infant, has to file a case. In addition, most complaints against a qualified healthcare provider must be reviewed by a Medical Review Panel before a patient can have a jury determine his or her case, and there are both caps on the amount of money a patient can recover and on the amount of money an attorney can receive in representing a patient.

Generally, it takes about one year from the time the Proposed Complaint is filed until a Medical Review Panel renders its opinion. This time period may vary depending on the necessity of depositions and whether any disputes arise that require court hearings during the medical review panel process. This does not include the time it takes once a state court action is filed.

After the medical review panel renders its opinion, the case will be reviewed again. We may talk to the medical review panel members, physicians, any consultants working on the case and, of course, you and make a decision about what to do next. Depending on Court congestion, it can take an additional 1-3 years before your case can go to trial.

Attorney fees are charged on a contingency fee basis. That means that if we are not successful in your case, you owe us nothing. Generally, once we have agreed to represent you, we will pay all litigation expenses, which can range in the thousands of dollars. If we are unsuccessful you do not have to repay any of the litigation expenses. However, if we are successful we will receive our attorney fees and litigation expenses. The issue of attorney fees and litigation expenses are contained in a written Contingency Fee Agreement which must be signed by any client before the firm undertakes to represent them in a medical malpractice case. The contingent fee agreement is the exclusive document that governs the payment of attorney fees and litigation expenses.

The statute of limitations for medical malpractice cases in Indiana is generally two years from the date the incident occurred. Exceptions exist. Different deadlines may apply in cases involving children or people who discovered the medical negligence at a later date.