INDIANA SUPREME COURT REVERSES LOWER COURT DECISION IN MEDICAL MALPRACTICE CASE
The Indiana Supreme Court ruled in favor of a hospital in a Medical Malpractice case. Lisa Gordon filed a lawsuit against Indiana's Howard Regional Health System claiming it performed Medical Malpractice and lost some medical records while caring for her son when he was born. The Indiana Supreme Court's decision overturns a decision made by a lower court. Experienced Indiana Medical Malpractice Lawyers are well-versed in the state's medical malpractice law and are well-qualified to take clients' cases to Indiana's highest court if necessary.
In another aspect of the complaint, Gordon claimed because the hospital lost some pertinent medical records, she would have a virtually impossible time trying to prove a certain doctor performed medical malpractice. This is deemed "spoliation." Indiana Medical Malpractice Lawyers define "spoliation" of evidence as the purposeful or negligent withholding, altering, or destroying of evidence pertinent to a legal proceeding. Gordon was looking for additional damages for "spoliation." After decisions by the Howard Circuit Court and then the Court of Appeals, Gordon took her case to the Indiana Supreme Court, but the Court ruled in favor of the hospital.
Indiana's Medical Malpractice law lays out the legal process for many Medical Negligence claims. The law is called the Indiana Compensation Act for Patients or INCAP for short. It was enacted in 1975 and made Indiana the first state to impose wide-ranging medical malpractice reforms.
One aspects of INCAP is a "medical review panel." In a Medical Negligence lawsuit, Indiana Medical Malpractice Lawyers will take the case to them before any court action can take place. The panel consists of 3 health care professionals and one lawyer who is a chairman and facilitator but has no vote. The three panel members are chosen by the plaintiff and defendant with each choosing one health care provider. And then, these two providers choose a third. If the defendant is a health care professional who specializes in a specific field of medicine, two of the panelists chosen are required to be from the same field as the defendant.
The medical review panel is formed only after the claimant files a complaint with the Indiana insurance commissioner. The commissioner then notifies the health care provider within 10 days. After that, the panel can be formed within 20 days after the complaint is filed. And the medical review panel must issue an opinion within 180 days after it is formed. However, the panel's decision is not legally binding. It can, though, be used in court as evidence in a Medical Malpractice case.
Experienced Indianapolis Medical Malpractice Lawyers are well-versed in Indiana's Medical Malpractice law and guidelines. If you or someone you love is suffering from a medical error, contact the Indiana Medical Negligence Attorneys at Crossen Kooi for a FREE consultation.
