The Law Office of Terry Kaiser Park, P.C. FindLaw IM Template2026-10-16T10:19:32Zhttps://www.tkpmedmal.com/feed/atom/WordPress/wp-content/uploads/sites/1104443/2025/06/cropped-tkp-pc-site-icon-32x32.jpgOn Behalf of The Law Office of Terry Kaiser Park, P.C.<![CDATA[Why do medical malpractice cases take so long to evaluate?]]>https://www.tkpmedmal.com/?p=480452026-10-13T10:20:00Z2026-10-16T10:19:32ZGathering the complete medical story
The review often starts with a detailed intake. The firm may ask about the treatment, injury, medical history and providers involved. It then needs medical records that can show what happened before, during and after the alleged error.
Those records may come from several hospitals, doctors, pharmacies or other providers. Once they arrive, the legal team must organize them and create a timeline. This process helps attorneys compare symptoms, test results, treatment decisions and changes in the patient's condition.
At the same time, the firm must consider legal deadlines. Under Indiana's filing deadline, a patient generally must file a medical malpractice claim within two years of the alleged act, omission or neglect. Certain exceptions can affect that deadline, so the firm must consider timing while it reviews the facts.
Reviewing the evidence for negligence
Next, attorneys must decide whether the evidence points to medical negligence. This question often requires more than a review of the records. Medical decisions can involve complex symptoms, risks and treatment choices.
Therefore, a firm may consult a qualified medical expert. The expert can assess what a reasonable provider should have done under similar circumstances. The expert may also help determine whether a mistake actually caused the patient's injury.
Indiana also requires many claims against qualified health care providers to go through a medical review panel before the patient files the case in court. The state's medical review panel process gives the panel an opportunity to review the evidence and issue an opinion. This requirement can add another stage to an already detailed process.
Understanding why the review takes time
Because firms need records, timelines and medical opinions, they often cannot decide whether to accept a case during the first call. They may also need to consider whether the evidence can prove both negligence and causation. A longer review does not automatically mean a claim is strong or weak.
An attorney who handles Indiana medical malpractice cases can explain what information matters and how state procedures affect a potential claim. Speaking with one early may also help a patient understand deadlines and what to expect while the case receives a careful review.]]>On Behalf of The Law Office of Terry Kaiser Park, P.C.<![CDATA[When can a medication mistake become a malpractice claim?]]>https://www.tkpmedmal.com/?p=480432026-08-27T10:40:59Z2026-08-27T10:40:59Zcare and skill a reasonably careful provider would use under similar conditions.
When a medication mistake falls below the standard of care
A bad reaction to a drug does not by itself mean that your provider committed malpractice. The main issue is whether the provider handled your medication with reasonable care based on the information available at the time.
A doctor may prescribe the wrong drug or choose an unsafe dose. A provider might also overlook part of your medical history or a known drug interaction. These errors can fall below the standard of care when a reasonably careful provider would have avoided them.
How medical records can help show the cause
Your records can show when the medication error happened and how your health changed afterward. A prescription or medical chart can identify the drug and dose you received. Later treatment notes may document new symptoms or a decline in your condition.
These records become more useful when you already had an illness or injury. They may help separate symptoms you had before the mistake from problems that appeared later. They also show when you sought more care and what your providers found.
Keeping useful information together
You may want to save prescription records, medication labels and treatment notes tied to the error. If the wrong drug or dose caused serious harm, consider also keeping records from any follow-up care you received. These materials might help you understand what happened and get ready for any legal steps you later consider.]]>On Behalf of The Law Office of Terry Kaiser Park, P.C.<![CDATA[Are there caps on medical malpractice damages in Indiana?]]>https://www.tkpmedmal.com/?p=480402026-07-16T10:34:36Z2026-07-21T10:33:38ZFramework behind the malpractice act
Indiana passed its Medical Malpractice Act in 1975, making it one of the first states in the country to set a cap on malpractice recoveries. Lawmakers created it to stabilize insurance costs for healthcare providers and to help maintain access to patient care across the state.
This covers "qualified" practitioners, meaning those who carry the required liability insurance and pay into the state's Patient's Compensation Fund. Those who do not meet these standards fall outside the act's protections, including the damages cap. The law also requires a mandatory medical review panel process before most such lawsuits can move forward in court.
Cap amounts and liability divisions
Under current state law, a strict $1.8 million ceiling limits the combined compensation you can recover in a medical malpractice case for acts of negligent care that occurred after June 30, 2019. This ceiling applies whether your case settles or goes to trial, and it serves as a hard limit.
Payments follow a two-tiered structure. The provider or their insurer covers the first $500,000 of any award, and the Patient's Compensation Fund pays the remaining balance. The Indiana Department of Insurance manages that fund and finances it through surcharges assessed against healthcare practitioners statewide.
It is worth knowing that the cap has risen over time. It began at $500,000 in 1975, and legislators raised it to $750,000 in 1990, then to $1.25 million in 1999 and $1.65 million in 2017 before it reached the current $1.8 million in 2019. Individual practitioner exposure has also grown from $100,000 to $500,000 over that same span.
Covered losses and notable exceptions
One of the most notable features of Indiana's cap is how broad it is. Unlike many states that limit only noneconomic damages such as pain and suffering, it applies to your total recovery, meaning economic losses such as medical bills, lost wages and future care costs fall under the same ceiling as noneconomic harm.
This can have a significant effect in cases involving severe injuries. If your combined losses exceed $1.8 million, you cannot recover the full extent of those damages, no matter how serious or lasting your condition may be.
The cap also limits who it applies to. Claims against healthcare professionals who are not qualified are included in its restrictions and may expose those individuals or entities to broader legal liability. Likewise, lawsuits that fall outside the legal definition of medical malpractice, such as certain defective product or unsafe premises claims, are generally not subject to the same limitations.]]>On Behalf of The Law Office of Terry Kaiser Park, P.C.<![CDATA[When does a delayed C-section become medical negligence?]]>https://www.tkpmedmal.com/?p=480362026-07-14T15:43:31Z2026-07-14T15:43:31ZSigns that may require an emergency C-section
Your provider should watch for signs that your baby is not receiving enough oxygen. These signs may include:
Abnormal fetal heart rate
Repeated heart rate drops
Meconium (the baby’s first stool) in the amniotic fluid
A pinched or prolapsed cord
Stalled labor
These signs do not always require surgery. However, your medical provider should assess the risk and order a C-section without unsafe delay when surgery offers the safest response.
When a delay may become negligence
In Indiana, a poor result alone does not prove medical negligence. You generally must show that your provider did not give the level of care that a reasonably careful provider would have given in the same situation. You must also show that this failure caused your child’s injury.
For claims covered by the Indiana Medical Malpractice Act, the parties generally complete the medical review panel process before a court case moves forward. The panel reviews the evidence and gives an opinion on whether your provider met the proper standard of care. This process applies only to providers who qualify under the Act and some exceptions may affect how a claim proceeds.
Protecting your child’s future
Understanding the signs of fetal distress and the timing of the C-section may help you assess whether your medical team responded as it should have. Clear knowledge of the medical timeline and Indiana negligence standards gives you a stronger basis for assessing what happened and planning your next steps.]]>On Behalf of The Law Office of Terry Kaiser Park, P.C.<![CDATA[How long do you have to file an Indiana medical malpractice suit?]]>https://www.tkpmedmal.com/?p=480082026-06-11T10:37:29Z2026-06-16T10:36:34ZExperiencing a medical error is already a distressing and overwhelming ordeal. Discovering that you have missed the deadline to file a claim can feel equally devastating. That is why having a clear understanding of Indiana's medical malpractice filing timeline is so important.
Indiana’s statute of limitations explained
First, you should understand that Indiana law establishes a strict legal filing window for medical malpractice claims. The state refers to this as the statute of limitations. In most cases, you have a two-year period starting from the date of the malpractice to pursue a claim against a healthcare provider. That said, specific conditions may shift that timeline and knowing those exceptions could make all the difference.
Four key exceptions you need to consider
However, not every case follows the standard two-year rule. Depending on your situation, Indiana law may provide additional time for you to file your case. Here are four exceptions that could apply to your case:
The discovery rule: If the injury was not immediately apparent, your two-year window may begin from the date you discovered the harm.
Cases involving minors: If a child was six years old or younger at the time of the malpractice, you must file the claim before the child's 8th birthday.
Fraudulent concealment: If a healthcare provider intentionally concealed the malpractice or misled you, the court may extend your filing deadline.
Continuing course of treatment: If the negligence occurred during an ongoing treatment, the two-year period typically begins when that treatment concludes.
These exceptions exist to protect patients in complex situations. That said, missing any of these deadlines can still put your claim at serious risk.
What happens if you wait too long?
Should you fail to file within the required period, a judge may reject your case outright. This means you may forfeit your right to seek compensation, regardless of the merit of your claim.Beyond losing the right to file, waiting too long can also weaken your case in other ways. Here is how delays can quietly work against you:
Evidence becomes harder to obtain
Witness recall fades over time
Medical records grow harder to access
The opposing side gains more time to build a stronger defense
This is why starting early puts you in a much stronger position. Medical malpractice cases require thorough investigations, careful review of medical records and expert opinions before a claim can move forward. These steps can take months. Fortunately, the sooner you take action, the more time your case has to develop properly.
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