4-23-26-Ask The Lawyer INDIANAPOLIS (WISH) —  The monthly segment, “Ask the Lawyer,” will feature Kent Winingham, a partner at Wilson Kehoe Winingham Injury Lawyers. The segment aims to break down complex legal topics into clear, practical insights for viewers. The segment is designe d to answer real questions submitted by the public, providing practical guidance for viewers. Kent explained that a medical malpractice case involves catastrophic injury or wrongful death in a health care setting, requiring proof of a deviation from the standard of care. “A medical malpractice case is when you’ve suffered either a catastrophic injury or a wrongful death in a health care setting,” Kent said. “And so what you have to do to prove a case is you have to prove there was what’s called a deviation from the standard of care, meaning the health care provider was negligent and that your injuries or the death was the result of that negligence.” He noted that proving such a case requires significant evidence, stating, “Through expert testimony, through medical records, through testimony of maybe your client, the patient. It takes a lot.” The process for pursuing a medical malpractice case in Indiana differs from that in most states. “So you have to file your case, technically, in the Department of Insurance first,” Kent explained. “So it’s not like you just file your case in state court. Because you have to go through this process where a medical review panel is convened.” This panel consists of three health care providers, typically physicians specializing in the relevant medical area. Kent characterized Indiana as a “health care provider-friendly state.” He noted that “85% of the time, the medical review panel finds in favor of the doctor or health care provider, because they don’t want to find against fellow health care providers.” Succeeding at the Medical Review Panel stage does not mean a case is won. Kent clarified that the panel’s opinion is advisory. “So it is called an advisory opinion,” Kent said. “So what would happen is that at that point, your case isn’t won necessarily. If you have a positive opinion in your favor as the patient or the family of the patient that has died, then that opinion is advisory in that it can be provided to the jury.” Despite a positive opinion, additional expert witnesses may be called, and the case can still proceed to trial, though most cases often resolve before reaching that stage. Regarding the loss of a health care provider’s license if a case is successful, Kent indicated this is rare. “Typically, no. So don’t hold your breath,” he said. “The only times that I’ve ever seen that is in the most egregious of circumstances, almost intentional criminal conduct, is when you see that. So it’s really difficult to cause a health care provider to lose their license.” He added that license revocation is not usually the goal in such cases. If a loved one suffers a serious injury or wrongful death at a nursing home, it is generally considered a medical malpractice case in Indiana. Kent advised, “My suggestion usually is, first and foremost, find out what happened, talking to the administration, the director of nursing and then usually file a complaint with the State Department of Health, because they will send someone called a long-term care surveyor out to interview folks that work in the nursing home, look at the resident’s medical record and see what in the world happened here.” The State Department of Health will investigate to determine the circumstances of the incident. Expert witnesses play a crucial role in medical malpractice cases. Kent stated they “help educate me and tell me what I need to know about the case.” He added, “But then, if your case, as it moves forward, they provide that expert support that you need to prove your case. So if it’s a case involving neurosurgery, I want to have a neurosurgeon expert who hopefully supports my case and can provide expert testimony.” Both the plaintiff and defense sides typically utilize expert witnesses, who may offer differing opinions despite similar specialties. Viewers can submit questions for future segments by commenting on the “Ask the Lawyer” post or sending a direct message to the Life.Style.Live! Facebook page. The monthly segment will continue to answer questions live on “Life.Style.Live!” Without an attorney-client relationship with Wilson Kehoe Winingham, none of the statements provided by and through this segment should be construed as providing legal advice. ...read more read less