Does The Indiana Medical Malpractice System Favor Hospitals and Doctors?
One thing you must understand is that, in Indiana, the system favors the doctors and hospitals. In fact, you do not go to court like you see on TV or magazines initially. You must first file what’s called a proposed complaint with the Indiana Department of Insurance. Filing a proposed complaint creates what’s called a medical review panel, which is a panel composed of three physicians who must review your case before you go to court.
As I tell my clients, this is much like the fox guarding the henhouse. A group of three physicians must determine whether another Indiana physician has committed malpractice. As you can see, this heavily favors the physicians and hospitals. But Caroline and I have extensive experience in pursuing these cases before medical review panels and on to trial, and we’re very confident in pursuing these cases and have had great success.
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