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If you suffered injuries because of substandard medical care, you may wonder about the connection between medical licensing and malpractice. The Indiana Medical Licensing Board is a key stakeholder in medical malpractice cases because it issues and renews all medical licenses for state healthcare providers. The agency also launches investigations and can take disciplinary action against a medical professional who becomes a defendant in a medical malpractice claim.
However, a patient’s right to seek financial recovery in a medical malpractice case does not depend on the medical licensing board taking any specific action. Even if the board takes no action against a physician accused of medical negligence, an injured patient may still have the right to pursue a medical malpractice claim.
If you believe you have a potential medical malpractice lawsuit in Indiana, it’s crucial to consult an experienced attorney for advice. At the Law Office of Kelley J. Johnson, we will review the circumstances of your case and discuss your right to seek compensation under Indiana’s medical malpractice regulations.
Our law firm focuses exclusively on medical malpractice claims. Firm founder Kelley Johnson has nearly 20 years of experience advocating for patients pursuing claims against negligent healthcare providers and through the Indiana Patient’s Compensation Fund (PCF). Call or contact us online today for a free consultation.
How an Experienced Medical Malpractice Attorney Can Help with Your Case
When you have a medical malpractice claim, an attorney can help you seek financial recovery for your losses by:
- Listening to your story and explaining the legal process to you
- Thoroughly investigating your case to recover all relevant evidence, such as medical records, eyewitness testimony, staffing reports, surveillance footage, providers’ disciplinary histories, and medical expert testimony or reports
- Identifying all liable parties to demand full accountability from all provider(s)
- Documenting your injuries and anticipated future expenses to place an appropriate value on your case
- Vigorously pursuing maximum compensation for you, either through a negotiated settlement or taking your claims to trial and demanding justice from a negligent healthcare provider
The first step is understanding whether you have a valid case under Indiana law. Reach out to a knowledgeable medical negligence lawyer as soon as possible, but no later than two years after the date the medical malpractice occurred. If the injury happened to a child under six, you have until their eighth birthday to file.
Indiana Medical Board Oversight
In Indiana, the state medical board oversees physicians’ practice of medicine. The Indiana Medical Licensing Board has the authority to discipline physicians who have harmed patients through negligent, reckless, or incompetent care. The board can initiate disciplinary proceedings after receiving complaints about a physician from a patient or other healthcare providers. It may initiate an investigation if it suspects a doctor has violated ethical regulations or provided treatment that falls below the accepted standard of care.
Medical malpractice attorneys know that U.S. state medical boards have a poor history of disciplining physicians who commit multiple acts of medical negligence. In Indiana, two patients suffered injuries during surgeries performed at the same hospital by the same physician. This doctor had an extensive disciplinary history, including losing surgical privileges at two hospitals after a medical review panel at each facility determined his practice fell below the standard of care and lying to the Indiana state medical board about losing his privileges. The physician had also settled five malpractice lawsuits over a decade, the most of any orthopedic surgeon in Indiana in the past 20 years.
At the Law Office of Kelley J. Johnson, we scrutinize the actions of every party that could have played a role in our clients’ medical malpractice claims and demand accountability at every level.
How Can I Check a Doctor’s Malpractice History?
A patient can learn a doctor’s medical malpractice history by searching for them on the Indiana Professional Licensing Agency’s online database. The tool allows the public to verify a physician’s license to practice medicine in Indiana. The PLA also allows people to search for any disciplinary actions against the provider. Although not every medical malpractice claim will result in disciplinary action against a physician, a doctor with one or more disciplinary actions in their record may have a more extensive history of malpractice claims against them.
Patients can also find complaints through the Indiana Patient’s Compensation Fund. The PCF also maintains a database of medical malpractice cases it has handled, allowing patients to see if their physician has had any cases before the PCF.
What If My Doctor Doesn’t Have a History of Medical Malpractice?
Whether your doctor has a track record of previous medical malpractice claims doesn’t affect your ability to file your own claim. Many physicians and medical professionals choose to resolve cases through settlements before a patient files a medical malpractice lawsuit. A pre-lawsuit settlement allows a doctor to keep a medical malpractice claim private, reducing the chances of someone finding a public record of the claim and damaging their standing within the medical community.
Who Is Responsible for Medical Malpractice in Indiana?
Liability for the injuries and losses you suffered due to medical malpractice in Indiana may fall to various parties, depending on the circumstances of your case. For example, you might bring a medical malpractice claim directly against the negligent healthcare provider. If they have malpractice insurance coverage, you would file the claim with the doctor’s insurance company.
In some cases, medical practices run by a group of physicians may bear liability for medical malpractice committed by one of the partners. Finally, a healthcare facility where your negligent care occurred may be responsible for your injuries and losses, especially when the facility employed the healthcare professional or negligently retained that provider despite multiple incidents of potentially negligent care.
A successful medical malpractice case can provide victims with much-needed compensation to restore their health and well-being, including money for medical treatment, lost wages, pain and suffering, and more.
Contact a Medical Malpractice Attorney Today
The Indiana Medical Malpractice Act allows injured patients to take action against healthcare providers and facilities that harmed them. However, standing up to doctors and their insurance companies can be an overwhelming undertaking without the help of a skilled lawyer. Contact the Law Office of Kelley J. Johnson today for a free case review with an experienced medical malpractice team.
