It could fall to you to seek justice on behalf of a loved one. The Indiana courts recognize this responsibility, and typically would allow you to act in the stead of your close family.
This would typically happen in the context of a severe injury or an injury to someone who was unable to file personally. Your timely actions regarding your loved ones’ losses could be central to recovering damages in these types of situations.
What is malpractice?
Medical malpractice is significantly different than the types of personal injury cases with which you may already be familiar. As explained on FindLaw, malpractice cases typically center on whether the care in question fell below the standard level of healthcare providers.
For example, a blatant misdiagnosis of a common illness could be a basis for a medical malpractice case. A misdiagnosis of a rare or very complex condition may not be as strong a foundation for a legal claim.
Who is eligible to file?
As mentioned above, you could have the right to file medical malpractice cases for injuries to your close family members. For example, if a doctor injured your spouse during surgery, causing a long-term loss of consciousness, you could potentially file suit on your spouse’s behalf.
You would not be alone in this type of endeavor — family members often have the responsibility of pursuing these types of claims. This is especially true in catastrophic events, such as those involving:
- Brain damage
In addition to delivering justice for your loved ones, the court may award payment to you to cover damages. This could help your family recover, at least in a financial sense, from an inexcusable loss.