Do I have to wait to file a medical malpractice lawsuit?

It is best to seek legal advice about a medical malpractice claim as soon as you suspect that a preventable medical error or neglect has caused serious harm. An attorney can advise you relating to the specifics of the claim and help obtain the relevant medical records and necessary information to evaluate that claim. With that said, developing and filing a medical malpractice lawsuit is often a lengthy process.

As part of the state of Indiana’s Medical Malpractice Act, all proposed medical malpractice claims must be submitted to a medical review panel. The panel consists of three doctors or healthcare providers, and it is chaired by an attorney. The panel reviews the written evidence submitted by the parties and issues an opinion as to whether a preventable medical error occurred and damage resulted.

After the panel releases its opinion, the injured patient may proceed to court. The panel’s opinion is admissible in court. It may influence the outcome of a medical malpractice case.