How to File a Medical Malpractice Complaint in Evansville
In 2014, an Indiana woman was watching the news when a story came on that changed everything for her. It was about a doctor in her small town of Munster who was being sued by two different patients. These patients made the claim that the doctor performed unnecessary surgery on them.
This woman was shocked by the story because she was a long-term patient of this same doctor and had undergone multiple surgeries for her heart condition, per his recommendation. Like those before her, the lady filed a lawsuit and became one of 293 patients from this area suing the same doctor for performing unnecessary procedures.
We like to think that an instance like this would never happen in our own lives. We are convinced that these situations are rare and unfortunate. However, this occurred to 293 people right here in our very own state of Indiana.
Medical malpractice is a real issue that affects lives every single day. Unfortunately, many people do not take action when they are victims of medical malpractice because they do not know what steps to take. It is important to be educated on how to file a medical malpractice complaint in case there ever comes a time where this is a necessary action to take.
File a Proposed Complaint
You must first file your complaint with the Department of Insurance. The proposed complaint will not actually be filed until it is delivered by either registered or certified mail to the department with all necessary filing and processing fees submitted. In most cases, there will be a filing fee of five dollars for the first defendant and two dollars for each additional defendant. These checks should be payable to IDOI. At the time of filing the complaint, be sure to also provide three additional copies per each defendant.
What to Include
In your complaint, there are a few essential items to include. Be sure to include full names of those involved, including middle names and suffixes. It is also important that you include the date of the alleged occurrence as well as an email where the state can send notifications about the status of the case.
When you send in the proposed complaints, you’ll also want to include a stamped envelope addressed to the person or law firm filing the complaint.
Do Nots
During this process, it is important to know that, for legal reasons, you should not send any medical records with your complaint. These complaints will not be considered, but instead they will be either returned or destroyed. In addition, do not file if it has been more than two years since the occurrence or discovery of the alleged malpractice.
Help from an Evansville Medical Malpractice Attorney
If you were unfortunate enough to be a victim of medical malpractice, you could be entitled to compensation. Call Hensley Legal Group today for a free consultation or contact us online.
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