Medical Malpractice

Chest X-Ray with scissorsAttorney Gladish is experienced at representing clients that have been wronged by medical professionals. Medical professionals owe a duty to ensure that their conduct meets standards set within their professional communities. A breach of this duty which results in the person receiving injury will entitle that person to proceed with a cause of action to recover for these injuries. Examples of medical malpractice cases currently being handled by Attorney Gladish range from failure to diagnose to leaving sponges behind after surgery inside of the patient.

Under current Indiana law, the Indiana Medical Malpractice Act (“Act”) restricts the amount that can be recovered for a medical malpractice claim. No patient, regardless of the severity of the malpractice or the resultant injuries, can recover more than $1,250,000. A doctor or other health care provider is not liable for an amount in excess of $250,000 of compensation. Any amount due from a judgment or settlement that is in excess of the total liability of all health care providers is paid from the Indiana Patients Compensation Fund (“Fund”). The Act further requires that a claim be presented to a medical review panel before it is filed in a court of law. The Medical Review Panel consists of three (3) doctors with the same background as the defendant doctor. After the Panel gives its opinion, the plaintiff can then file their complaint in State Court. The plaintiff will also have to have an expert to support the claim against the defendant doctor. This opinion either comes from the Panel or a hired expert who has reviewed all the evidence and given an expert opinion.